KARNATAKA HIGH COURT
M. NAGAPRASANNA, J
MR.KOLA THIRUMALARAJU – Appellant
Versus
STATE OF KARNATAKA DEPARTMENT OF HOME – Respondent
| Table of Content |
|---|
| 1. parties to writ petition and their roles. (Para 1 , 2) |
| 2. factual background of business dealings. (Para 3 , 4) |
| 3. petitioners' arguments regarding breach of agreement. (Para 5 , 6) |
| 4. distinction between criminal breach of trust and cheating. (Para 9 , 10) |
| 5. conclusion on investigation. (Para 11) |
CAV ORDER
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.
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 pe
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