BRIJMOHAN K.S Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the de facto complainant/first informant under Sec. 439(2) read with 482 of Cr.P.C. for cancellation of anticipatory bail granted to respondent No.2 by the LXVII Additional City Civil Sessions Judge, Bengaluru, (CCH-68) in Crl.Misc.2192/2001 dtd. 12/3/2021 for the offences punishable under Ss. 120B, 406, 420, 465, 468, 471 read with 34 of IPC in Crime No.8/2021 registered by Sheshadripuram Police Station, Bengaluru.

(2.) Heard Sri P.P. Hegde, learned counsel for the petitioner and Sri Ravi B. Naik, learned Senior Counsel along with Smt. Vijetha R. Naik, learned counsel for respondent No.2 as also Smt. Rashmi Jadhav, learned High Court Government Pleader for respondent No.1-State.

(3.) The case of the petitioner is that he is the first informant before the Police and he has filed a complaint to the Sheshadripuram Police on 27/2/2021 alleging that the first informant is one of the Partners of M/s. Khoday Eshwarsa and Sons and RCA Industries. M/s. Khoday Eshwarsa and Sons is a partnership firm engaged in the manufacture and production of Indian made liquor and carrying on business since 60 years. The office of the firm is situated at No.9, Sheshadri road, Bengaluru. It is alleged by the informant that respondent No.2 herein, who is accused No.2, is one of the partners entrusted with the responsibility of taking decisions in respect of payments to be made for M/s. Khoday Eshwarsa and Sons and RCA Industries, who approve or disapprove the same. Respondent No.2-accused No.2 is the authorised to release payments. It came to the knowledge of the complainant and other partners of the firm that an amount of Rs.17,73,00,000.00 (Rupees Seventeen Crore and Seventy Three Lakh only) was shown as expenditure towards the promotional activities of the Branches of the firm all over the State as per the invoices raised in the name of one Surabhi Enterprises (accused No.5) and there was no signature of the accused persons on such invoices. The accused persons have committed irregularity in releasing the funds by forging the signatures by creating false documents and have cheated the firm by causing misappropriation of funds of the firm. It is revealed from the informant's verification with the dealers that no such promotional activities took place. The said Surabhi Enterprises is a fake company. In fact, the owner of the Surabhi Enterprises was the driver of the tanker who supplies the spirit for manufacture of liquors. The said Surabhi Enterprises has no office, it is created for self. An amount of more than Rs.17,73,00,000.00 has been paid to Surabhi Enterprises which was in fact transferred to the mother's account of a person who is a transporter of spirit. The said amount has been immediately withdrawn from his mother's account. A false promotional agreement has been created by accused Nos.1 and 2. Accused No.3 is the Manager of the firm. All have colluded together and created false documents in the name of Surabhi Enterprises alleged to have been owned by accused No.5 thereby, they caused loss of Rs.17,73,00,000.00. They have not only mis-appropriated the amount, but also cheated other partners. Hence, he has prayed for taking action.