SANTHOSH RAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by petitioner/accused under Sec. 482 of Cr.P.C for quashing in CC No.53454/2013 (Cr.No.281/2012) pending on the file of XI ACMM, Bengaluru for the offence punishable under Ss. 341 , 420 and 506 of IPC.

(2.) Heard the arguments of learned counsel for petitioner, learned HCGP for State and learned counsel for respondent no.2

(3.) The case of the petitioner is that the respondent No.2 has filed complaint under Sec. 154 of Cr.P.C before police on 3/10/2012 alleging that the complainant said to be working as Money Transfer Sales executive. On 24/12/2011 he came in contact with this petitioner through one Chandu alias Reddy and on request of Chandu, he has given $14000 (dollars) to this petitioner on 25/12/2011 and inturn he has received two cheques for Rs.7.00 lakhs in exchange. Subsequently, the cheques were presented for withdrawing the money but it was bounced, hence the complaint came to be filed. The complainant has approached the accused, but the accused has dodged the matter at that time and finally he has refused to return, thereafter also threatened the complainant, hence the complaint came to be filed. The police after registering the case investigated matter filed charge sheet and finally the case was under evidence. The complainant was already examined, later the prosecution is said to be filed an application for summoning the original cheques within the custody of complainant and it was allowed. The cheques were taken and kept in safe custody of the court and the case was posted for further examination of PW1. The petitioner challenged the entire proceedings on the ground that there is inordinate delay in lodging the complaint. The documents were not seized by the police during the investigation under the panchanama and now the same cannot be produced for taking to custody, therefore the entire charge sheet requires to be quashed.