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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
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, Ninj
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