B R ARUNKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitions were initially filed by two petitioners seeking quashing of the entire proceedings in CC No.21064/2015 said to be pending before the learned VI Additional Chief Metropolitan Magistrate at Bengaluru [henceforth for brevity, referred to as 'Court below'].

(2.) Learned Counsel for the Petitioners files a memo seeking permission to withdraw Writ Petition No.30940/2016 confining to the Petitioner No.1. As such, Writ Petition No.30941/2016 is of the original Petitioner No.2 Sri. S. Srinidhi alone.

(3.) The summary of the case in CC No.21064/2015 that are gathered from the materials placed before this Court is that the present Respondent No.2 lodged a complaint with the Respondent No.1-Police on 24.06.2013. The summary of the complaint is that the Complainant who claims herself to be the wife of a practicing Medical Doctor, was introduced to the present Petitioners through Accused Nos. 3 and 4 who are said to be patients under her husband. At the inducement of the Accused Nos.1 and 2 who induced her to invest huge sum of money for their alleged business said to be being carried under the name and style of M/s. Akshaya International and M/s. Golden Fruit Capital Private Limited and being assured with huge returns in the form of sharing the profit, she was made to invest a sum of Rs.40,00,000/- with them. In that regard, Accused Nos. 1 and 2 also executed Agreements on 4.8.2012 and 18.03.2013. According to the Complainant, the Accused failed to give her the profit amount or refund the amount invested by her. Even as per the Agreement as on 30.05.2013, the Accused were liable to pay her a sum of Rs.56,00,000/- which also they did not pay and were avoiding to pay any amount to her. She has specifically accused of cheating her having deceptive intention. The said complaint was registered with the Respondent No.1- Police Station under Station Crime No.336/2013 for the offences punishable under Sections 406 and 420 of Indian Penal Code. The Police are said to have conducted the investigation and filed charge sheet against the Accused for the offence punishable under Sections 406, 420 read with Section 34 of Indian Penal Code. The case was numbered as CC No.21064/2015 in the Court below.