SAMRAJ SUNDEEP KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two petitions are filed by accused Nos.4 to 10 under Sec. 482 of Cr.P.C. praying this Court to quash the entire proceedings in FIR and complaint in Crime No.31/2020 arising out of PCR No.15375/2019 on the file of IV ACMM, Bengaluru registered by the respondent police for the alleged offences punishable under Ss. 403, 406, 409, 420 and 380 of IPC and grant such other reliefs as deemed fit in the circumstances of the case.

(2.) The factual matrix of the case is that respondent No.2 had filed a private complaint before the Trial Court which is numbered as PCR No.15375/2019 making the allegations against the petitioners herein that the complainant is the Director of Impecca Essential Spaces Pvt. Ltd. and accused No.1 who belongs to Australia came in contact through her friend. The accused No.1 stated that he is having the Company by name Life Spaces Australasia Pvt. Ltd. and also having a Company in India called as 7Q Industries Pvt. Ltd. at Chennai. He stated that his son-in-law Mathew Anthony Royan and Samraj Sundeep Kumar are the Directors of the Company and the other accused persons are taking care of the day to day affairs of 7Q Industries Pvt. Ltd. He also stated that in between two companies i.e., Life Space Australasia Pvt. Ltd. and 7Q Industries Pvt. Ltd. they are doing the transaction and both are in the ownership of accused No.1. He stated that his mother is suffering from cancer and as a result, the Company is moving slowly and requested the complainant to invest the amount to the tune of Rs.2,28,81,373.00 in the Company called 7Q Industries Pvt. Ltd. Thereafter, the amount was transferred to his account. In all, an amount of Rs.5,46,84,098.00 is paid from the account of the complainant. Accused No.1 also requested the complainant to visit Australia stating that he will bear the expenses and when the complainant visited Australia, Prepaid Multi Currency Card was stolen and an amount of Rs.1,71,058.00 was withdrawn. In the balance sheet of 7Q Industries Pvt. Ltd., the accused had shown the amount which was payable to the complainant as share application, money pending, allotment. In order to cheat the complainant, the accused No.1 induced and committed fraud in getting the amount of Rs.5.00 Crores from the complainant and hence prayed the Court to take the cognizance against the petitioners herein or to refer the matter under Sec. 156(3) of Cr.P.C.

(3.) Having received the complaint, the learned Magistrate, heard the counsel and passed the order dtd. 21/12/2019 and made an observation that the complaint is supported with affidavit in compliance of the judgment of the Apex Court in the case of PRIYANKA SRIVASTAVA AND ANOTHER v. STATE OF UTTAR PRADESH AND OTHERS reported in AIR 2015 SC 1758. On perusal of the complaint averments cognizable and non-cognizable offences are disclosed. Hence, formed an opinion that it is just and proper to refer the matter to investigate into the allegations made against the accused and referred the matter under Sec. 156(3) of Cr.P.C. for investigation.