(1.) Petitioner is the sole accused in Crime No.37/2020 of Commercial Street Police Station, Bengaluru, registered for an offence punishable under Section 420 of IPC. The said case was registered against the petitioner pursuant to the order passed by the learned Magistrate in PCR No.50917/2020 filed by the complainant - Nanne Babu Varshney, s/o late Makhanlal Varshney.
(2.) In his complaint, the complainant alleged that the petitioner had cheated the complainant in a sum of Rs.29 lakhs during the course of business carried on jointly by the complainant and the petitioner. It was alleged that despite repeated requests, the petitioner did not discharge his liability towards the complainant in the aforesaid sum of Rs.29 lakhs and that consequently, the petitioner was guilty of an offence punishable under Section 420 IPC. As stated above, the learned Magistrate referred the aforesaid PCR No.50917/2020 to the jurisdictional police, who have registered the aforesaid case against the petitioner.
(3.) Learned counsel for the petitioner submits that the complaint given by the complainant against the petitioner is wholly false and baseless. It is contended that the dispute if any, between the petitioner and the complainant was purely civil in nature and as such, the petitioner was not guilty of the alleged offence. It is also contended that except the false allegations made in the complaint, absolutely no material whatsoever is produced to substantiate the false allegations made by the complainant. It is therefore contended that the petitioner may be granted anticipatory bail.