LATHA RAJANIKANTH Vs. STATE

JUDGEMENT

(1.) This petition is one under Section 482 of Cr.P.C. to quash the proceedings initiated against the petitioner in PCR No.7847/2015 pending on the file of VI A.C.M.M. Court, Bangalore city.

(2.) The respondent No.2-M/s. Ad Bureau Advertising Pvt. Ltd., filed a private complaint against the petitioner, wherein it is alleged that complainant is one of the reputed advertising agency in the State of Tamil Nadu. It deals with Post Production works with Production and Entertainment Companies. Recently, it had ventured in the Post Production of film Rajanikanth starrer "Kochadiayan" produced by Mediaone Global Entertainment Ltd., guaranteed by the petitioner-Smt. Latha Rajanikanth, wife of Rajanikanth with her personal guarantee. The film is directed by the daughter of petitioner Soundarya Ashwin Rajanikanth.

(3.) The petitioner visited Mr. Abirchanch Nahar, Managing Director of Ad Bureau Advertising Pvt. Ltd., for this business proposal number of times and convinced that she would take the responsibility of the repayment of the money funded to J. Murali Manohar, Director of Mediaone Global Entertainment Ltd.,. As per the agreement Ad Bureau funded Rs.10 crores into the account of Mediaone Global Entertainment Ltd., through Central Bank of India. The petitioner was required to refund Rs.10 crores plus Rs.1.2 crores being 12% guaranteed profit. Totally petitioner was required to refund Rs.11.20 crores to Ad Bureau on 07.05.2014. On 05.05.2014, Mediaone returned 1.2 crores the 12% guaranteed profit and confirmed that the balance of Rs.10 crores will be returned on 07.05.2014. However, due to the failure of the producer to release the movie on the scheduled date, Ad Bureau was requested to support the project further with extension of time till the release of the movie. Ad Bureau was also requested for a further support to the tune of Rs.20 crores with the same offer of 12% guaranteed profit and also paid Rs.2.40 crores towards the profit. But upon investigation by Punjab National Bank, it was discovered that the funds were not being used for post production but were rather being diverted to repay the past debts which tantamount to cheating and fraud. The petitioner owes money to Ad Bureau Advertising Pvt. Ltd., Exim Bank and many others. The Exim Bank has recently charged the petitioner's property for non-payment of debts of Rs.22 crores. It is submitted that the petitioner went to media and gave a statement in all media that she has no business connection with Ad Bureau. As such, a complaint came to be lodged before the Magistrate. The learned Magistrate referred the complaint for investigation under Section 156(3) of Cr.P.C. to Halasuru Gate Police Station. To quash the private complaint and order referring the private complaint for investigation, this petition is filed.