K.G. SAAMJAKAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The defacto complainant has filed this petition under Sec. 439(2) Cr.PC with a prayer to set aside/cancel the anticipatory bail granted to respondent no.2 in Crl.Misc. No.228/2023 by the Court of III Addl. District & Sessions Judge, Kolar, Sitting at K.G.F., dtd. 26/4/2023.

(2.) Heard the learned Counsel for the petitioner and also perused the material on record.

(3.) Facts leading to filing of this petition narrated briefly are, the complainant had filed a private complaint against respondent no.2 herein for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short, 'the Act') and the same is pending before the Court of the Prl. Civil Judge & JMFC, K.G.F., in C.C.No.13/2022. Simultaneously, the petitioner also filed another private complaint in PCR.No.10/2023 against respondent no.2 herein for the offences punishable under Ss. 406, 420, 323, 324, 506B IPC before the Court of Addl. Civil Judge & JMFC, K.G.F. In the said complaint, it was averred that the complainant had approached the police prior to filing the private complaint and since the police had registered NCR, he had filed the private complaint. The learned Magistrate appears to have referred the said complaint to the jurisdictional police for investigation.