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2020 Supreme(Kar) 241

B.A.PATIL
Anupama W. M. – Appellant
Versus
State Of Karnataka And Others – Respondent


Advocates Appeared:
Sri. Shaik Ismail Zabiulla, Advocate, for the Appellants; Sri. H.R. Showri, HCGP, for the Respondent No. 1; Sri. Dinesh Kumar K. Rao, Advocate, for the Respondent No. 2

JUDGMENT

1. This petition is filed by accused Nos.1 and 2 under Section 482 of Cr.P.C. praying to quash the proceedings in CC.No.18445/2018(PCR No.17591/2014), pending on the file of the IX ACMM, Bengaluru, for the offences punishable under Sections 418 and 420 r/w. Section 34 of IPC.

2. I have heard the learned counsel for the petitioners-accused and the learned counsel for respondent No.2-complainant as well as the learned HCGP for respondent No.1-State.

3. Though this case is listed for admission, with the consent of the learned counsel appearing for the parties, the same is taken up for final disposal.

4. The factual matrix of the case is that a private complaint has been filed by respondent No.2 contending that by virtue of an agreement entered into between the petitioners-accused and the complainant, the complainant entrusted the work of construction of the house. The petitioners-accused without using the material as per the specification mentioned in the agreement, dated 29.8.2013 and by using the low quality material have constructed the building and within a short span of time there was deficiency of work and leakage in the building. The work has been done with an intention

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