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2020 Supreme(Kar) 74

H.P.SANDESH
Ray Constructions Ltd. – Appellant
Versus
State of Karnataka, Rptd. by The Police Sub-Inspector of Police (Law & Order) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.T Basavana Goud, Adv.
For the Respondent: Sri.Praveen K Uppar, HCGP, Sri. Anant Hegde, Adv.

ORDER :

Heard the petitioners’ counsel, the learned HCGP appearing for respondent No.1-State and the learned counsel for respondent No.2.

2. This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the entire proceedings in C.C.No.948/2014 on the file of the Prl. Civil Judge and JMFC, Hospet.

3. The factual matrix of the case is that the respondent No.2, who is the complainant before the trial Court has filed the complaint contending that the petitioner No.1-Company availed the services of the complainant and got the major work done amounting to an extent of Rs.45,45,000/-for the work executed by the complainant and thereafter did not pay the amount and hence, in the complaint made an allegation that the petitioners have committed offences punishable under Sections 405, 406, 415, 503 and 420 of IPC. Based on the said complaint, the trial Judge referred the matter to police under Section 156(3) of Cr.P.C. and the case was registered and after the investigation the police have filed the charge sheet which is numbered as C.C.No.948/2014. The trial Judge after filing of the charge sheet, took the cognizance and issued process against the petitioners herein and hence

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