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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE V. SRISHANANDA

CRIMINAL REVISION PETITION NO.1012/2021

BETWEEN

SRI K M RAGHUNATH

S/O P MUNISHYAMAPPA

AGED ABOUT 48 YEARS

DIRECTOR,

CADD STATION TECHNOLOGIES PVT. LTD.,

165, III CROSS,

III MAIN, R K NAGAR

MYSURU - 560 017

...PETITIONER

(BY SRI DILEEP N, ADVOCATE)

AND

THE STATE BY

KUVEMPUNAGAR POLICE STATION,

REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

DR B R AMBEDKAR VEEDHI

BENGALURU - 560 001.

&RESPONDENT

(BY SRI V.S.VINAYAKA, HCGP)

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THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C

PRAYING TO SET ASIDE THE ORDER DATED 27.04.2021

PASSED BY THE IV ADDITIONAL SENIOR CIVIL JUDGE

AND J.M.F.C., MYSURU IN C.C.NO.339/2018, DISMISSING

AN APPLICATION FILED U/S 245 OF CR.P.C. FILED BY THE

PETITIONER

AND

CONSEQUENTLY

DISCHARGE

THE

PETITIONER FROM CHARGE IN THE C.C.NO.339/2018

PENDING BEFORE THE IV ADDITIONAL SENIOR CIVIL

JUDGE AND J.M.F.C., MYSURU.

THIS CRIMINAL REVISION PETITION COMING ON

FOR ADMISSION THIS DAY, THE COURT MADE THE

FOLLOWING:-

ORDER

Though this matter is listed for admission today, with

the consent of both the parties, the matter is taken up for

final disposal.

2.

Heard Sri Dileep N., learned counsel for the

Revision Petitioner and learned High Court Government

Pleader and perused the records.

3.

This Revision Petition is filed challenging the

order dated 27.04.2021 passed by the IV Additional Senior

Civil Judge and JMFC, Mysuru in C.C.No.339/2018,

whereby an application filed by the accused under Section

245 of Cr.P.C. seeking discharge of the accused for the

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offence punishable under Sections 406 and 420 of IPC

came to be rejected.

4.

Brief facts of the case are as under:

Kuvempu Nagar Police Station, Mysuru laid a charge

sheet against the accused for the offence punishable under

Sections 406 and 420 of IPC. In the complaint, it is

contended that the accused was the Director of M/s. CADD

Station Technologies Pvt. Ltd. and he is a permanent

resident of Mysuru and the said Company got incorporated

on 17.04.2012. Initially, the said company having less

employees and later on, more number of employees were

recruited, whereby the provisions of Employees Provident

Fund and Miscellaneous Provisions Act

were made

applicable to the said company w.e.f. 02.05.2013.

5.

The complainant by name Sri Dinesh Kumar

was a financier with M/s. CADD Station Technologies Pvt.

Ltd. and he was employed with the accused company from

October-2013 to September-2016. Between the said

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period, the complainant has given all the perks and

benefits which he was entitled to. The complainant has

resigned with the accused company on 01.10.2016 without

serving the notice period and as such, the company issued

a show cause notice on 05.10.2016 to the complainant.

Accused has no due to the complainant salary or other

benefits even though the company sustained loss.

6.

Based on the said complaint, the jurisdictional

Police registered a case in crime No.164/2016 for the

offences punishable under Sections 406 and 420 of IPC

and after thorough investigation, filed a charge sheet

against the accused-Sri K.M.Raghunath.

7.

The presence of the accused was secured

before the trial Court and he was enlarged on bail.

Thereafter, accused filed an application under Section 245

Cr.P.C. seeking discharge of the accused for the aforesaid

offences. The said application was contested by the

prosecution by filing necessary written statement. Learned

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Magistrate after considering the oral and documentary

evidence on record found prima facie materials which

indicate the commission of the offence punishable under

Sections 406 and 420 IPC and following dictum of the

Hon9ble Supreme Court in the case of Hemchand vs.

State of Jharkand reported in 2008(5) SCC 113,

rejected the application filed by the accused seeking

disch