LAWS(KAR)-2024-4-94

ANITHA R. ALVA Vs. STATE OF KARNATAKA

Decided On April 25, 2024
Anitha R. Alva Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These four criminal petitions pertain to the proceedings pending in PCR.128/2019 and C.C.No.53/2021 pending on the file of the III Additional District and Sessions Judge, Ramnagar, for the offence punishable under Ss. 120(B), 255, 420, 464, 465, 467, 468, 471 of IPC.

(2.) Facts leading to the cases are as under:

(3.) Therefore, the genesis of these disputes lie in the MOU dtd. 9/10/2009 between the complainant and the Society. Allegations of delays, breaches and legal disputes have arisen leading to legal notices, arbitrations and criminal complaints. The complainant alleges that Housing Society having allowed the complainant to invest money have come up with an anti dated MOU dtd. 29/12/2018 entered with one Byraveshwara Enterprises. The complainant therefore alleges that the Directors of the Housing Society in connivance with Byraveshwara Enterprises with a malafide intention to cause wrongful loss have not only kept the complainant under dark, but have tried to scuttle the MOU dtd. 9/10/2009 by creating an Estamp paper in which the time was tampered with and the same was utilized to prepare the alleged MOU dtd. 29/12/2018.