A.S. Bopanna, J.

The petitioner is before this Court in these petitions seeking that the investigation in Crime No. 213 of 2009 of Halasuru Police Station, Bengaluru registered for the offences alleged under Sections 120-B, 420, 465, 467, 468 and 471 read with Section 34 of the Indian Penal Code, 1860 ('IPC' for short) be entrusted to the Central Bureau of Investigation ('CBI' for short). In that regard the petitioner is contending that the legal opinion given by respondent 2 at Annexure-P3 is illegal and not valid.

2. The petitioner is a Banking Company registered in accordance with law in India, having been incorporated in Germany with branches all over, including the one in Bengaluru. In the course of its banking business, the respondent 4 along with the others named by the petitioner in their complaint, representing M/s. Prithvi Information Solutions Limited, a company registered under the Companies Act, 1956 approached the petitioner-Bank during July 2007 seeking provision for multipurpose trade/cash facility to the tune of Rupees Thirty Crores and also for Forex/Hedging facilities. The petitioner alleges that they made representations about the reputation of the Company and the services being provided by them to reputed International clients though it was false to their knowledge. Being mislead by such representation the petitioner-Bank agreed to provide the credit facilities to the extent of Rupees Twenty-five Crores through the offer letter dated 20-11-2007.

3. The said Company thereafter submitted request letters relating to the transactions in all amounting to Rs.24,79,67,750/- which was credited to the Current Account No. 2045839-00-0 maintained by the said company. The said amount was to be repaid before 16-9-2008 but there was default The petitioner alleges that the said persons however represented that they have good relations with foreign purchasers such as Ad/s. T-Mobile USA, M/s. Johns Hopkins Hospital, USA and Star Point Solutions LLC, USA and that they have executed work for them and held out that they are entitled to receive amounts from them covering the amount and sought for Bill Discounting facility. In this regard, certain documents were also submitted. Accepting such representation, the petitioner-Bank agreed to provide the said facility to the tune of Rupees Thirty Crores and credited the same to the account of the said Company.

4. The petitioner-Bank however did not receive the payments from the said foreign purchasers and when the same was brought to the notice of respondent 4, they assured of following it up. But when the petitioner-Bank communicated with the said foreign companies, the petitioner-Bank received letters dated 24-4-2009 and 7-5-2009 from the respective foreign companies informing the petitioner-Bank that they did not have any transaction with M/s. Prithvi Information Solutions Limited. The petitioner-Bank thus realising that the documents submitted were fabricated and forged which resulted in causing loss to the petitioner-Bank and amounted to cheating, filed a complaint dated 6-5-2009 to the jurisdictional Halasuru Police Station which was registered in Crime No. 213 of 2009 on 7-5-2009 which was despatched to the X Additional Chief Metropolitan Magistrate, Bengaluru, which is the jurisdictional Court. Apart from the same the petitioner-Bank also instituted recovery proceedings, winding-up proceedings and initiated action before the Ministry of Corporate Affairs.

5. Insofar as the criminal complaint, the petitioner-Bank alleges that a superfluous investigation was held and a 'B' report was filed on 22-7-2009 to which the petitioner-Bank filed the protest petition. When the matter was heard by the learned Magistrate and was posted for orders, the Investigating Officer filed a memo dated 24-5-2010 seeking leave for further investigation on taking note of the documents filed along with the protest petition. The learned Magistrate accordingly, through the order dated 26-5-2010 permitt