MANAGING DIRECTOR FUTURE LOGISTIC SOLUTIONS LIMITED REPRESENTED BY SRI ANJUMAN SINGH, SRI K.K. RAO CHIEF EXECUTIVE OFFICER S/O LATE V. SAHADE VADU Vs. STATE OF KARNATAKA BY ADUGODI POLICE STATION NOW REPRESENTED BY STATE P.P. HIGH COURT OF KARNA

JUDGEMENT

(1.) THIS petition is filed seeking to quash the proceedings in Crime No. 46/2010 of Adugodi Police Station registered for the offences under Sections 419, 420 and 506 IPC.

(2.) IT is the case of the petitioners that there was a Transport agreement between the petitioners and Respondent No. 2 for transport of some goods from the warehouse to their retail outlets and in respect of the said contract between the Complainants -the petitioners and the second respondent, a case in Crime No. 365/2009 was registered in MICO layout Police Station for an offence under Section 381 IPC. The police after investigation have filed a charge sheet in C.C.No. 7080/2010 before the VI Additional Chief Metropolitan Magistrate, Bangalore and the said case is pending trial. The second respondent as a counter case has filed a PCR bearing No. 4432/2010 against the petitioners before the Court and the Court has referred the matter to Adugodi Police Station for investigation under Section 156(3) Cr.P.C., Consequent upon the said reference, the police have registered a case in Crime No. 46/2010 for the offences under Sections 419, 420 and 506 IPC. The contents of the said complaint are to the effect that the petitioners have entered into an agreement for goods transport on a monthly rental of Rs. 31,500/ - and thereafter at a rate of Rs. 7 per km. and when the Tata 407 vehicle was given to the custody of the petitioners in compliance of the contract, the petitioners have not paid the monthly rental and hence they have heated Respondent No. 2. Hence, the complaint.

(3.) IT is submitted by the learned Counsel for the petitioners that a suit in O.S.No. 6419/2010 also has been filed by the petitioners against Respondent No. 2 for recovery of a sum of Rs. 35,12,556.35/ - and the said suit is pending before the City Civil Court, Bangalore.