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2022 Supreme(Kar) 759

M. NAGAPRASANNA
Rashmi Tandon – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Sri S.G.Bhagavan, Advocate, for the Appellant; Sri B.J.Rohith, Hcgp, Sri Devi Prasad Shetty, Advocate, for the Respondent.

ORDER

1. The petitioners are before this Court calling in question the proceedings in Crime No.88 of 2021 registered on 22-07-2021 for the offence punishable under Section 420 of the IPC.

2. Heard Sri S.G.Bhagavan, learned counsel for the petitioners, Sri B.J.Rohith, learned High Court Government Pleader for respondent No.1 and Sri Deviprasad Shetty, learned counsel for respondent No.2.

3. Brief facts leading to the filing of the present petition as borne out from the pleadings, are as follows:-

The 2nd respondent is the complainant. The petitioners were the Directors of the Company by name Headwin Exim Private Limited ('the Company' for short). The Company was engaged in the business of import. It appears that the Directors of the Company approached the 2nd respondent/complainant seeking financial assistance to meet immediate financial needs that arose in its business. A transaction between the two take place and the complainant claims to have assisted the Company with finance of Rs.30,00,000/- initially and Rs.5,00,000/- later. The financial assistance was rendered between July 2015 and September, 2015 against which, the Company had issued five cheques totally to the aforesaid amount

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