Karnataka High Court
Mr. M. Edward Thaddeus vs State Of Karnataka on 1 February, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:4486
CRL.P No. 871 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 871 OF 2024
BETWEEN:
1. MR. M. EDWARD THADDEUS
S/O MADALIASAMY,
AGED ABOUT 72 YEARS,
PROPRIETOR OF KOVAI GLOBAL EXPORTS INC,
23-B, VINEETA (ANDHERI),
CO-OP, HSR STY LTD
ANDHERI-GHATKOPER LINK ROAD,
CHAKALA, ANDERI (EAST),
MUMBAI-400093.
...PETITIONER
(BY SRI. SHRIDHARA K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SOLADEVANAHALLI POLICE STATION,
Digitally BENGALURU
signed by
REP BY STATE PUBLIC PROSECUTOR,
LAKSHMI T
HIGH COURT OF KARNATAKA,
Location: BENGALURU-560001.
High Court
of Karnataka 2. SMT PASUPULETI SUSEELA
W/O P RAMANDHAM,
AGED ABOUT 43 YEARS,
R/AT NO 54, KEMPAPURA VILLAGE,
KASARAGHATTA PANCHAYITHI,
HESARAGHATTA HOBLI,
BANGALORE-560091.
...RESPONDENTS
(BY SRI.K.NAGESHWARAPPA, HCGP)
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NC: 2024:KHC:4486
CRL.P No. 871 of 2024
THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO
ENLARGE HIM AN ANTICIPATORY BAIL IN THE EVENT OF HIS
ARREST BY THE RESPONDENT NO.1 POLICE IN
C.C.NO.7137/2023 (PCR NO.709/2022) PENDING ON THE FILE
OF CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL
DISTRICT AT BENGALURU FOR THE OFFENCE P/U/S 420, 475,
471 OF IPC.
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard and perused the material on record.
2. Respondent No.2 filed a private complaint under Section 200 of Cr.P.C., against the petitioner alleging offences punishable under Section 420, 475, 471 of IPC. The learned Magistrate issued summons to the petitioner and since he failed to appear, issued NBW by an order dated 29.12.2023.
3. Apprehending his arrest, the petitioner preferred Criminal Misc No.2526/2023 seeking anticipatory bail. The said petition was dismissed by the learned Session Judge by an order dated 06.01.2024. Hence, the -3- NC: 2024:KHC:4486 CRL.P No. 871 of 2024 petitioner has preferred this petition under Section 438 of Cr.P.C. before this Court seeking anticipatory bail.
4. It is alleged in the complaint that the complainant is the proprietor of SLV Agro Spices and SLV Marketing, engaged in trade of spices. The accused is the Proprietor of one Kovai Global exports Inc 23-B, Vineeta (Andheri) COOP. HSG STY LTD., Andheri-Ghatkoper Link Road, Chakala, Andheri (East) Mumbai - 400 093. The Accused stating that he has contact with businessmen abroad and he would import the spices like ajwain, cumin seeds, black pepper, dry fruits, split cashew nuts and peanuts induced the complainant to invest a total sum of Rs.46,20,000/-, but not supplied any products as agreed and on due verification it was found that the documents which the accused sent through phone are all fake documents.
5. The petitioner's counsel has contended that the petitioner has not induced the complainant to pay any amount and infact both had entered into business and -4- NC: 2024:KHC:4486 CRL.P No. 871 of 2024 invested the amount and complainant agreed to the profit and loss. He contends that there is an inordinate and unexplained delay of one year in filing the complaint and the entire transaction is civil in nature. He further submits that the summons issued to the petitioner was infact not served upon him but only on the postal track report furnished by the complainant, the learned Magistrate has issued NBW to the accused, observing that the summons has been served on the petitioner. He submits that the petitioner will appear before the trial Court and participate in the trial proceedings and he is ready to abide by any conditions.
6. According to the complainant between 18.08.2020 to 30.06.2021, a total sum of Rs.46,20,000/- was paid/invested in the business from the account of SLV marketing. It is alleged that the accused induced the complainant saying that he would import spices like ajwain, cumin seeds, black pepper, dry fruits, split cashew -5- NC: 2024:KHC:4486 CRL.P No. 871 of 2024 nuts and peanuts etc but without supplying them, cheated the complainant etc.
7. Private complaint is filed on 23.09.2022. It is the contention of the learned counsel for petitioner that the entire transaction is civil in nature which has been given a colour of criminal offence. It is also contended by him that both the complainant and the accused entered into the business and have invested the amount. Pointing out to the reply notice sent by the petitioner, he has contended that even the petitioner has invested money and incurred loss to the tune of Rs.70,00,000/-. He has denied that he has fabricated the documents as alleged.
8. Initially the learned Magistrate issued summons to the accused. Since the accused did not appear before the Court, warrant has been issued. Considering the facts and circumstances, it is just and proper to direct the petitioner to appear before the trial Court and to file necessary application for recalling the warrant etc. If any such application is filed on or before 15.02.2024, the -6- NC: 2024:KHC:4486 CRL.P No. 871 of 2024 learned Magistrate shall recall the warrant and release the petitioner on the same day on such terms and conditions which deems fit in the facts and circumstances of the case With the above observation, petition is disposed of.
SD/-
JUDGE HB List No.: 1 Sl No.: 28