ANUP KIRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of Cr.P.C. praying to enlarge the petitioner/accused on bail, in the event of his arrest in respect of Crime No. 237/2021 registered by Udayagiri Police Station, Devaraja Sub-Division, Mysuru City, for the offences punishable under Ss. 419, 420 and 406 of IPC.

(2.) Heard the learned counsel for the petitioner, learned High Court Government Pleader appearing for the respondent Nos. 1 and 2-State and learned counsel for respondent No. 3. Having heard the respective counsel, the matter is reserved for orders.

(3.) The factual matrix of the case of the prosecution is that the respondent No. 3 herein has filed a private complaint before the Trial Court in P.C.R. No. 34/2021 and the Trial Court, looking into the contents of the complaint, referred the matter under Sec. 156(3) of Cr.P.C. for investigation. As a result, a case is registered under Crime No. 237/2021. The allegation made in the complaint is that the complainant entered into an agreement with the Government of State of Karnataka in the year 2019 for computerization and for issuance of smart card based licence to drivers and in this regard, for registration, approached M/s. Rosmerta Technologies Ltd. ('M/s. RTL' for short). In pursuance of the said agreement, the investors have invested money with M/s. Calcue and complainant is one of the investors and the said M/s. Calcue company appointed the complainant as Service Provider on 9/8/2016 and in between 18/7/2016 to 3/5/2017, the complainant invested money of Rs.1,12,78,000.00. That on 27/10/2017, the said company entered into a fresh agreement with M/s. RTL and all powers and responsibilities were given to the complainant-company. In this regard, complainant-company, transacted with M/s. RTL company and ultimately for Rs.10.5 Crores in total, there was an agreement to pay the amount and in this connection, an agreement of settlement was entered into on 11/9/2021. In terms of the settlement, M/s. RTL company made the payment of Rs.3,19,51,920.00 in favour of M/s. Calcue and the said amount was collected in terms of the agreement dtd. 27/10/2017 on behalf of the complainant-company and when the demand was made by the complainant from M/s. Calcue, the owner of the said M/s. Calcue, the present petitioner herein did not repay the amount and committed an offence of fraud and cheating.