BRIGADE ENTERPRISES LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question registration of crime in Crime No.361 of 2021 arising out of a private complaint registered in P.C.R.No.7527 of 2021 before the IV Additional Chief Metropolitan Magistrate, Bangalore.

(2.) Sans unnecessary details, the averments in the petition, as borne out from the pleadings, are as follows:- The 1st petitioner/Brigade Enterprises Limited is a Company incorporated under the Companies Act , 1956 (hereinafter referred to as 'the Company' for short) and is claimed to be a leading property developer in India. The 1st petitioner further claims to have constructed several buildings in several acres of property in the City of Bangalore which includes lifestyle enclaves and townships consisting of residential, retail and commercial spaces. The 2nd petitioner is the Chairman and Managing Director of the Company. The remaining petitioners are all Directors of the 1st petitioner/Company. A Joint Development Agreement inter alia was entered into which resulted in construction and development of a multistoried commercial building in the name and style of Orion Avenue Mall ('Mall' for short) in Site No.10/34 on Banaswadi Main Road, Bangalore. The Mall consists of retail shops, kiosks, flea markets, food court, multiplex and other entertainment zones spread across 2,68,410 sq.ft.

(3.) The 1st petitioner after construction was looking out for entrepreneur interested in operating and running a business of microbrewery and casual dining/serving of food and beverages in the Mall. In terms of the interest so generated by the Company, the designated partners of 2nd respondent one Sri A. Srinivas Guptha, Krishna Chaithanya along with one Mr. Prabhakar Kumar claiming to be keen to run the business in the said Mall appeared to have approached the 1st petitioner/Company and the 1st petitioner claims that the 2nd respondent and others assured to abide by and fulfill all the requirements if adequate commercial space within the Mall would be made available with customizations, as required by them. In terms of the negotiations, the 1st petitioner drew up a paper work/commercial arrangement and transaction in the name and in favour of their entity CMODA Solutions Pvt. Ltd. and later it appears, following several rounds of discussions and negotiations between the Company and the 2nd respondent, a registered lease deed comes to be executed on 13/11/2019 (hereinafter referred to 'the Contract' for short).