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16. In the affidavit evidence of the accused has contended that, he knew the facts of this case and competent to swear this affidavit. He also stated that, it is far from truth the allegations made in the complaint. But he partially admitted the fact that, M/s.Vagmines Outsourcing and Consultancy Pvt. Ltd., of the accused have functioning as placement and training institution, but denied that, he is the Managing Partner, but specifically stated he was the Manger.

The accused has specifically put forth his defence that, to show that, he is the Manger in the Vagmines company he got produced his identity card, salary slip issued by the company which reflects his designation as a Manager. He also stated that, the Proprietor/Managing Director of the company was Lokesh. The Sravanthi Lokesh had collected Rs.2 lakhs from the complainant on 06.06.2018 and issued the bond receipt for the said amount to the complainant. The complainant and other persons have lodged complaint against the said Lokesh in C.K.Achukattu Police Station in Crime No.216/2018 for the offence punishable under Section 420 r/w. Section 34 of IPC and Judgment 14 C.C.No.26415/2018 the police had arrested the Lokesh and Sravanthi Lokesh and case is still pending. In the remand application it was contended that, at the time of investigation, police have taken the statement and concern documents from Diwakar, accused herein, Kumari Sumangala and others including Adarsh, who is complainant herein. Wherein also contended that, who were cheated by said Lokesh and who is the accused and Managing Director of M/s. Vagmines Outsourcing and Consultancy Pvt. Ltd. The name of the accused was appeared in the list as 1 st number. The accused was also cheated and his amount were lost. In that regard, he produced the remand application and case papers pertaining to Cr.No.216/2018.

- 2020) (SHRIDHARA.M) XXIII Addl. Chief Metropolitan Magistrate, Bengaluru.

ANNEXURE List of Witnesses examined on behalf of Complainant:

PW-1 : Adarsh.C.P List of Exhibits marked on behalf of Complainant:

Exs.P1 & P2              :   Original Cheques
Exs.P1(a) & P2(a)        :   Signatures of accused
Exs.P3 & P4              :   Bank endorsements
Ex.P5                    :   Office copy of legal notice
Ex.P6                    :   Postal receipt
Ex.P7                    :   Track consignment
Ex.P8                    :   Private complaint
Ex.P8(a)                 :   Signature of complainant