B.PRASHANTH HEGDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-first informant under Articles 226 and 227 of the Constitution of India to direct the I Additional CMM Bengaluru to take cognizance against the body corporates i.e., State Bank of India and Punjab National Bank in C.C.No.11073/2018 for the offences punishable under Ss. 120B, 403, 408, 409, 447, 381, 420 read with Sec. 37 of IPC.

(2.) Heard the learned Senior counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

(3.) The case of the petitioner is that the petitioner is the first informant who filed a complaint against the accused persons for the offences punishable under Ss. 120(B), 408, 409, 420, 468, 471, 474, 36, 37 of IPC and FIR was registered in Crime No.486/2015 by the Ashoknagar Police Station, Bengaluru making various allegations against the Bank Officers and Officials of the SBI and Punjab National Bank for misappropriation of fund and cheating the complainant. The matter was referred to the CID police for investigation and the respondent-CID police filed the charge-sheet against the officials of the above said two Banks. But the Investigating Officer while filing the final report has not included the Bank as accused, but filed the charge-sheet only against the Bank Officials where petitioner is before this Court for issuing direction to the trial Court to take cognizance against the Bank officials together with the Bank.