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2025 Supreme(Online)(KAR) 7588

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR. JUSTICE M. NAGAPRASANNA, J
Kola Thirumalaraju – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI KRISHNA S.VYAS, ADVOCATE
For the Respondent:SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1 AND R-2; SMT.SANJANA RAO, ADVOCATE

CAV ORDER

The petitioners are before this Court calling in question registration of a crime in Crime No.152 of 2024 registered for offences punishable under Sections 406 , 420 , 120B and 34 of the IPC and pending before the 3rd Additional Chief Metropolitan Magistrate, Bengaluru.

2. Heard Sri Krishna S. Vyas, learned counsel appearing for the petitioner, Sri B.N. Jagadeesha, learned Additional State Public Prosecutor appearing for respondents 1 and 2 and Smt. Sanjana Rao, learned counsel appearing for respondent No.3.

3. Facts, in brief, germane are as follows:-

The 3rd respondent is the complainant. The complainant works with M/s Ninjacart. Ninjacart operates under a “Bill to Ship” model of business wherein Ninjacart purchases produces from wholesale suppliers which are in turn sold to subsequent buyers. It is averred in the petition that in the course of ordinary trade, Ninjacart makes upfront and complete payment to its wholesale suppliers. Thereafter, when the items are resold to subsequent buyers, payment is accepted by Ninjacart which was given on a credit of 65 – 70 days to the buyers to make good necessary payment. The petitioners and Ninjacart have a business agreement. The p

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