N.V. VINODH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.3 under Sec. 482 of Cr.P.C. for quashing the charge sheet in C.C.No.633/2021 arising out of Crime No.338/2019 registered by White Field police station, Bengaluru and charge sheeted for the offences punishable under Ss. 406, 420 read with Sec. 34 of IPC.

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

(3.) The case of prosecution is that on the complaint filed by the respondent No.2/complainant, the police registered case on 16/7/2019. It is alleged in the complaint that the accused persons defrauded and cheated respondent No.2/complainant to the tune of Rs.20.00 lakhs with promise to repay the same. It is alleged by the complainant that accused No.1-Bharath was his collegemate and he approached the complainant and introduced accused Nos.2 and 3, who are said to be the partners in Hene Traders, Chennai, and influenced him for entering into a business and an agreement of partnership firm was registered in the name of 'Innovative Traders' between the complainant and accused Nos.1 and 2. While meeting at Forum Mall, Whitefield, accused No.1 said an aluminum scrap tender was crossing the date and the investor was delaying the payment for Hene traders owned by accused Nos.2 and 3 and hence, accused No.1 insisted respondent No.2-complainant to transfer an amount of Rs.20.00 lakhs to Hene Traders by keeping the cheque given by accused No.1- Bharath and it was said that as soon as the investors pay them back within a month, then they would proceed to start the business in Innovative Traders. Accused No.1-Bharath was known to him and therefore, with his assurance, the complainant transferred the amount of Rs.20.00 lakhs to the account of Hene Traders. Later, they did not give any money back. In the month of March 2018, on demand, the accused persons agreed to pay the amount, part by part, as they failed to pay the profit of Rs.60,000.00 per month. Accused No.2 transferred Rs.5.00 lakhs to the complainant in March. In the month of April, 2018 the complainant demanded to return the amount, he has returned Rs.2.40 lakhs and Rs.2.00 lakhs in the month of April, 2018 and Rs.40,000.00 in the month of May, 2018. It is further alleged in the complaint that to create a false hope and to stop the complainant from taking action, an Investment cum Guarantee Agreement was entered into between the complainant and the accused persons on 17/9/2018, on the pretext of securing interest of the complainant, the agreement was made for the payment of Rs.90,000.00 per month to the complainant from September, 2018 to January, 2019 and repayment of the full amount of Rs.20.00 lakhs by the end of January, 2019, but they have not paid any payment. The accused persons misappropriated the amount and cheated the complainant. Hence, prayed for taking action against the accused persons. After registering the FIR, the police investigated the matter and filed charge sheet. Hence, the petitioner- accused No.3 is before this Court challenging the charge sheet.