KIRAN AGARWAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Crl.P.No.5710/2021 is filed by the petitioner-accused No.1 and Crl.P.No.5352/2021 is filed by the petitioners- accused Nos.2 and 3 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in Crime No.64/2019 registered by the Kankanady Town Police Station, Mangaluru on the P.C.R.No.2/2019 referred by the Magistrate on the complaint filed by respondent No.2.

(2.) Heard the arguments of learned Senior counsel for the petitioners, learned High Court Government Pleader for respondent No.1-State and learned counsel for the respondent No.2.

(3.) The case of the petitioners is that respondent No.2 has filed a private complaint under Sec. 200 of Cr.P.C. against the petitioners for the offences punishable under Ss. 409 , 465 , 468 , 471 , 420 , 506 of IPC. It is alleged that the petitioners are said to be engaged in export of raw cashew nuts running business in the name of "Swarn Trading and Industries Sarl" at Kolkata and they represented themselves. With an intention to cheat the complainant, they undertook to supply cashew nuts worth of Rs.2,77,500.00 by receiving the amount and they issued shipment certificate which were forged one, but, they have not supplied the materials, thereby, cheated the complainant. Hence, the complaint came to be filed. After receipt of the complaint, learned Magistrate referred the same to the Police under Sec. 156(3) of Cr.P.C. for the investigating the matter and to file the charge-sheet. In turn the Police registered the FIR which is under challenge.