C.P.YOGESHWARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question order dtd. 29/6/2018 passed by the VIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.5368 of 2016 taking cognizance of the offence registered against the petitioner.

(2.) Heard Sri Sandesh J.Chouta, learned senior counsel for the petitioner, Sri Mahesh Shetty, learned High Court Government Pleader appearing for respondent No.1 and Sri K.Suman, learned senior counsel appearing for respondent No.2.

(3.) Sans details, facts in brief for resolution of the issue in the lis, are as follows: On 29/3/2012 M/s Nandi Engineering Limited registers a complaint against the petitioner. The complainant is a Company engaged in the construction of Bengaluru-Mysore Infrastructure project at the relevant point in time. In this connection the complainant required lands for which land acquisition proceedings had to be initiated. At that point in time, the petitioner approaches the Managing Director of Nandi Engineering Limited in the year 2005 and assured him that he would transfer lands for the purpose of the project. In terms of negotiations, the complainant/Company issued a cheque on 20/1/2005 for a sum of Rs.1.00 crore and another cheque for a sum of Rs.1.00 crore on 27/1/2005. Even after the passage of two years, the petitioner neither acquired nor transferred lands as was assured in the name of the complainant/Company and did not even return the amount. It is then the complainant seeks to initiate proceedings by registering a crime in Crime No.17 of 2012 before the Vidhana Soudha Police Station for the offence punishable under Sec. 420 of the IPC.