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2022 Supreme(Kar) 1449

H. B. PRABHAKARA SASTRY
K. P. Narasimhan, S/o Late K. R. Padmanabha – Appellant
Versus
State of Karnataka By the Inspector of Police Corps of Detectives – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri S.G. Bhagavan,
For the Respondent: Sri K. Nageshwarappa, HCGP

ORDER :

The respondent-Police have filed a charge sheet against the present petitioners and four other persons alleging that they have committed the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code, 1860 (hereinafter for brevity, referred to as the 'IPC').

It is alleged in the charge sheet that the accused persons are the Directors of a company by name M/s. Synergy Financial Exchange Limited with its registered office at Chennai (hereinafter for brevity referred to as the 'Company'). The Company is said to have been incorporated under the Companies Act, 1956.

It is further alleged that, about in the year 1992, the Company opened its branch office at Bengaluru and collected deposits from several persons, promising them to return the amounts in deposit with good accruals thereupon. However, the amounts were not returned. Cheques were signed and issued by the authorised signatories of the Company. Thus, after conducting an investigation in their station Crime No.252/1999, the respondent – police filed charge sheet against the six accused for the offences mentioned above.

2. The Court of the XVII Additional Chief Metropolitan Magistrate (Special

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