N RAJACHAR Vs. KODANDARAMA

JUDGEMENT

(1.) SINCE common questions of law on the basis of identical facts were raised by the Advocates appearing for the petitioners, after hearing both the parties, these petitions are disposed off by this order.

(2.) THE brief facts of the case in Cri. P. No. 3650 of 1939 are that the respondent filed a complaint against the petitioners alleging that they are attached to Navodaya Sahakara Bank Limited, Malleswaram, Bangalore in one capacity or the other and they committed fraudulent acts in their dealing with the Bank, thereby defrauding the Bank to the extent of Rs. 80 lakhs and therefore, the in charge Secretary of the Bank filed a complaint against the partners/proprietors of those business establishments in P. C. R. No. 381 of 1998 on the file of the 7th Additional chief Metropolitan Magistrate, Bangalore City alleging that they committed offence punishable under Sections 403, 420, 464, 511 read with section 120-B of the Indian Penal Code. The Court was pleased to refer the complaint to the Inspector of Police, Malleswaram Police Station, bangalore City under Section 156 (3) of the Code of Criminal Procedure on 30-3-1998. However, the learned Magistrate recalled the order on 24-4-1998 and directed the Assistant Commissioner of Police, Central crime Branch, Bangalore to investigate into the case while exercising his jurisdiction under Section 156 (3) of the Cr. P. C.

(3.) ON the basis of this reference, Central Crime Branch, N. T. Pet, bangalore registered the case against 8 persons named in the private complaint in Crime No. 249 of 1998 at Malleswaram Police Station, bangalore for the offence punishable under Sections 403, 420, 464, 511 read with Section 120-B of the Indian Penal Code and took up investigation and thereafter submitted a charge-sheet against 8 persons named in the private complaint as well as the petitioners who were not the accused in the private complaint filed by the Bank against whom the bank had no control, sought for any action whatsoever for the offence punishable under Sections 403, 420 read with Section 120-B of the Indian Penal Code. This order is questioned in this petition.