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THE HIGH COURT OF KARNATAKA
M G UMA, J
M/S YASH WORLD HABITAT AND PROJECTS PVT. LTD. – Appellant
Versus
STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. case involves fir registered under ipc for breach of trust. (Para 1 , 2 , 3 , 4 , 5) |
| 2. court considers both party arguments regarding breaches and legal standings. (Para 6 , 7) |
| 3. court analyzes legal distinctions in allegations and evidence provided. (Para 8 , 10 , 12 , 14 , 15) |
| 4. decision emphasizes the need for proper investigation and distinction between civil and criminal liabilities. (Para 18 , 19 , 20) |
| 5. decision to dismiss the petition based on prima facie evidence for investigation. (Para 21 , 22) |
ORAL ORDER
Petitioners being accused Nos.1 and 2 in Cr.No.59/2022 of CEN Crime police station, Mangalore city, registered for the offences punishable under Sections 406 , 409, 417, 418, 420 R/w Section 149 of the Indian Penal Code (for short 'the IPC ') pending on the file of the learned II Additional Senior Civil Judge and JMFC, Mangalore are seeking to quash the criminal proceedings initiated against the petitioners.
2. Brief facts of the case are that respondent No.2 as Developer, petitioner No.1 being the Company, accused No.2- petiitoner No.2 being the Managing Director of petitioner No.1 have entered into a Joint Development Agreement (hereinafter referred to
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