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2021 Supreme(Kar) 71

K.SOMASHEKAR
T. Karthik Raja – Appellant
Versus
V. M. Prabhakar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Abhinav R.
For the Respondent: Sri. V.R. Sarathy.

ORDER :

1. This petition is filed by petitioner - Sri. T. Karthik Raja/accused seeking quashing of the criminal proceedings in C.C. No. 434/2016 arising out of PCR No. 115/2016 for the offence punishable under Section 138 of the N.I. Act r/w Section 420 of IPC which is pending before the Court of Civil Judge and JMFC, Kushalnagar.

2. Heard Sri. Abhinav R. learned counsel for the petitioner and Sri. V.R. Sarathy, learned counsel for the respondent. Perused the materials available on record.

3. It is transpired in the criminal prosecution initiated by the respondent/complainant Sri. V.M. Prabhakar against the petitioner/accused in the aforesaid private complaint that the complainant is a reputed grower, trader and merchant of quality green ginger at Kudige, Kushalnagar Hobli, Somwarpet Taluk, Kodagu District. Coming to know about the same, the accused came down to Kudige and started to deal with the complainant and was regularly purchasing green ginger, from the complainant at Kudige and used to transport the same, at his own costs and consequences in the lorries and vehicles belonging to him, with a clear understanding and assuring the complainant that the RMC invoices, Bills, permits

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