PREMCHAND Vs. STATE

JUDGEMENT

(1.) Petitioner who is arraigned as accused No.1 has filed this petition under Sec. 482 of the Code of Criminal Procedure, seeking quashing of criminal proceedings initiated against him in CC.No.59591/2018 arising out of Cr.No.565/2016 of Banasawadi P.S for the offence punishable under Ss. 306 r/w 34 of IPC.

(2.) In support of the petition, the petitioner has contended that on 5/11/2016, respondent No.2/complainant filed a complaint alleging that her husband late Adrian Bishop was running travel agency by a name "Ceybond Travels". He has incurred loss of Rs.8.00 lakhs due to Smt.Sabitha not paying the amount of air tickets purchased for her clients. In this regard she filed a suit and alleged that her husband closed his travel agency. He joined "Comfort Leisure Travel Aged Company" (Comfort Leisure' for short) as Manager and worked for four months. He booked some tickets through Comfort Leisure and closed the old booking outstanding from his own business loss.

(3.) Based on the complaint, respondent police have registered the case against petitioner and 2 others and filed charge sheet in CC.No.59591/2018. In this regard accused No.2 filed Crl.P.No.5999/2018 before this Court and secured stay on 22/10/2018. In the light of the same, the trial Court split up the case against accused No.2 and committed the case to Court of Sessions so far as accused Nos.1 and 3 are concerned. The Sessions Court has returned the file with a direction to submit along with original records. In the light of the same, the present petition is filed on the following: