ASHWIN MAHENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioners-accused Nos.1 to 5 under Sec. 482 of Cr.P.C. for quashing the FIR in Crime No.184/2022 registered by the High Grounds Police Station, Bengaluru, now pending on the file of 8th ACMM, Bengaluru for the offences punishable under Ss. 465 , 420 , 468 , 471 , 120B , 506 read with Sec. 34 of IPC.

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

(3.) The case of the petitioners is that respondent No.2-G.M.Kumar have made first information to the Police on 15/11/2022 alleging that Ashwin Mahendra-accused No.1, Mahendra-accused No.2, Sreelatha-accused No.3, Ankith-accused No.4 and Harish-accused No.5 were floating a company by investing Rs.30.00 crores in the year 2013, he has also invested Rs.3.00 Crores in the company and they have cheated by creating the documents, misappropriated the money belongs to the company and also fabricated the documents. It is alleged that the accused have opened the account in the Corporation Bank on 24/10/2013 along with the complainant by mentioning the name of the complainant as a joint signatory. They looted more than Rs.30.00 crores. They used the pan card number of the complainant. They mentioned his name in the company data. Theefore, the Registrar of the Companies also held an enquiry under the Companies Act , closed the matter and thereafter, they registered a company in the name of M/s. Eaglesight Media Private Limited and they inactivated the said company. From last 2016, it was shown as closed and it was web-hosted in the public domain saying that the said company is inactive. In spite of closing the company, they have filed false affidavit by using fake BTv Logo and have committed the offence under the Trade Marks Act , 1999. They have filed affidavit in the Original Suit No.584/2022 by using the Eaglesight Media Private Limited and he has filed affidavit as authorised person. He also filed an interlocutory application in the said original suit. A perjury case has been registered against the accused and it is under investigation. They also sold the property belongs to the company to one Caprika International. A complaint also lodged before the Registrar of Companies which is pending. They also shifted the company to their house at Jayanagar. The complainant also issued notice to them on 19/7/2018. They also cheated Rs.3.00 crores which belongs to the complainant and they violated the Trade Marks Act . Therefore, prayed for taking action against the petitioners. After registering the FIR, the Police took up the investigation which is under challenge.