MUKESH D.CHOUDHARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.

(2.) On the complaint of one Amarnath, Ramamurthy Nagar Police Station, Bengaluru City have registered FIR in Crime No.82/2020 for the offences punishable under Section 420 of IPC.

(3.) In the complaint it is averred that the complainant knew the petitioner/accused for the last about three years. It is stated that the petitioner had approached the complainant with the proposal to open a new medical store and for the said purpose, he had represented that he was in need of money. The petitioner allegedly gave proposal for starting the business on partnership basis. The complainant and his friend Vinay Kumar allegedly gave a total sum of Rs.30,50,000/- to the petitioner for the purpose of starting the business. As per the complaint averments, a sum of Rs.10,00,000/- was paid in cash to the petitioner by the complainant for the purpose of giving advance deposit to the shop premises. Subsequently, after 15 days another sum of Rs.5,00,000/- was given for the purpose of furnishing the premises. There afterwards, a sum of Rs.15,50,000/- was given for the purpose of purchasing the medicine stock. It is the further case of the complainant that inspite of he paying a total sum of Rs.30,50,000/- to the petitioner, the medical store was not opened and subsequently, on an enquiry petitioner allegedly had issued two cheques in his favour towards repayment of the amount received by him. On verification from the petitioner's banker that the petitioner was not having sufficient amount in the bank account, complainant immediately has approached the Ramamurthy Nagar Police Station and lodged a complaint on 20.02.2020. On the basis of the said complaint, a case has been registered in Crime No.82/2020 against the petitioner and he there afterwards had approached XXVIII Additional City Civil and Sessions Judge under Section 438 of Cr.P.C. in Crl.Misc.No.25229/2020 and the said petition was dismissed vide order dated 20.03.2020. Therefore, the petitioner has approached this Court in this petition.