HAJIBABU AND ORS. Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners had approached this Court seeking to set aside the order passed by the JMFC, Devadurga in C.C. No. 200/2009 refusing to discharge Accused Nos. 1 & 3 (petitioners herein) for the offences punishable under Sections 465, 406, 420, r/w. Section 34 of IPC.

(2.) I have heard the arguments of the learned counsel for the petitioners as well as the learned HCGP and perused the records.

(3.) THE brief factual matrix of the case emanate from the records are that, on the complaint lodged by the CEO, TMC, Devadurga, stating that the petitioners who were working in the TMC, Devadurga, during the year 2007 -2008 have in fact encashed the cheque for Rs. 4,52,944/ - instead of Rs. 1,52,944/ - and misused the said amount for their wrongful gain, the police after due investigation, recorded the statements of the witnesses and filed the charge sheet for the offences punishable under Sections 406, 420, 465 of IPC. The Court has taken cognizance of the offences and issued summons, and consequently, after issuance of summons, the petitioners have made application for their discharge.