ARSHIYANAZ M. GANGANALLI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is sought to be prosecuted for the offences punishable under Ss. 408, 409, 420 read with Sec. 34 of IPC.

(2.) The summary of the charge sheet is that, a sum of Rs.50,00,000.00 was released for construction of first floor of the Town Municipality, and the accused without inviting tender entrusted the work to accused No.1, and without constructing the building, the accused No.1 raised bills, and the accused No.2 issued two cheques for a sum of Rs.10.00 lakh and Rs.20.00lakh respectively in favour of the accused No.1, and thereby the accused defrauded the government. The learned Magistrate, after accepting the charge sheet, took the cognizance of the aforesaid offences and issued summons. Taking exception of the same, the accused No.5 is before this Court.

(3.) Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent No.1 and the learned counsel for the respondent No.2.