BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings against the petitioner/accused No.2 in C.C. No.990/2025, arising out of Crime No.24/2024 of Yadgir Town Police, for the offences punishable under Ss. 420, 120-B, 506 read with Sec. 34 of IPC, pending on the file of Senior Civil Judge and CJM, Yadgir.

(2.) The abridged facts of the case are that, respondent No.2 lodged the complaint before respondent No.1-Police on 6/3/2024 alleging that he is a wholesale trader of toor dal. On 21/12/2023, one Balaji Koile Latur i.e., accused No.1, being a mediator, contacted him over phone and requested to send 250 quintals of toor dal to Maheshwari Pulse and accordingly, respondent No.2 sent the same in a lorry bearing Reg.No.TN-52/F-3918 on 22/12/2023 to Yadgir. Likewise, as per the request of accused No.1 - Balaji, he sent another 250 quintals of toor dal to Agro Industries, Latur and subsequently on several occasions he sent toor dal as per the request of accused No.1 till 30/12/2023 for a total sum of Rs.1,76,29,024.00. However, accused No.1 failed to make payment, as agreed by him. As such, respondent No.2 lodged the complaint against him on 6/3/2024 before respondent No.1-Police, which registered in Crime No.24/2024 dtd. 6/3/2024 against accused No.1.

(3.) During the course of investigation, respondent No.1-Police recorded the further statement of respondent No.2 and in the further statement it was stated, in view of non-payment of the amount by accused No.1 for having purchased the toor dal, respondent No.2 approached the dealer, where accused No.1 sold the toor dal at Solapur. At that time, it was revealed that accused No.1 sold two loads of toor dal to Aradhya traders, Solapur, belonging to the petitioner/accused No.2. On enquiry, accused No.2 admitted that he had purchased the toor dal from accused No.1. Hence, the petitioner implicated in the charge sheet by respondent No.1-Police by arraigning him as accused No.2. On the strength of the charge sheet, learned Magistrate took cognizance of the offences against the petitioner and accused No.1. Aggrieved by the same, the petitioner/accused No.2 has preferred this petition.