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2021 Supreme(Kar) 359

M.NAGAPRASANNA
NITESH SHETTY, S/O. LATE P. V. SHETTY, CHAIRMAN AND MANAGING DIRECTOR, M/S. NITESH ESTATES LIMITED – Appellant
Versus
STATE OF KARNATAKA, BY THE STATION HOUSE OFFICER, THALAGHATTAPURA POLICE STATION, REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE – Respondent


Advocates Appeared:
For The Appellant :SRI. C.V.NAGESH, SENIOR COUNSEL FOR SRI. RAGHAVENDRA.K ADVOCATE
For The Respondent:SMT. NAMITHA MAHESH B.G, HCGP, (PHYSICAL HEARING) SRI. PHANIRAJ KASHYAP, ADVOCATE

ORDER :

Petitioners, who are accused Nos. 1 and 2 call in question proceedings initiated by respondent No.2 in Crime No.254 of 2017 pending on the file of the Additional Chief Judicial Magistrate, Bangalore Rural District, Bangalore.

2. Shorn of unnecessary details, facts in brief, are as follows:-

The complainant/2nd respondent owned certain lands and on being interested in getting the lands developed enters into a Joint Development Agreement with petitioners No. 1 and 2. In terms of Joint Development Agreement, the property of the complainant was offered for such development subject to conditions stipulated in the said agreement. The Joint Development Agreement was entered into between the parties on 30-05-2013. Certain additional terms and conditions were incorporated by substitution into the said Joint Development Agreement on 18.06.2014.

3. On an allegation that the construction did not move forward in the pace that was expected and there were certain discrepancies in execution of Joint Development Agreement, the complainant caused a legal notice against the petitioners on 03-08-2015 with regard to ineffective and non-timely completion of the project and also indicated that he wou

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