SHARAN BOSE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings initiated against the petitioner in C.C.No.55474/2014 for the alleged offences punishable under Sections 420 , 477(A) and 506 of IPC.

(2.) Heard learned counsel for petitioner and learned Spl. PP for respondent No.1 and learned counsel for respondent No.2. Perused the records.

(3.) Respondent No.2 herein filed a private complaint against the petitioner and others on the allegation that respondent No.2 had entrusted the work of interior decoration to the petitioner as per work order dated 04.09.2008 for a sum of Rs.7,54,74,000/-. The grievance of the complainant is that at the time of negotiation, petitioner was dealing in his individual and personal capacity, but, later he started showing himself as representing a private limited company. It is alleged that, after receiving the work order, as time went on, the complainant realized that the real intent lurking behind the setting up of company by the petitioner was to camouflage his acts, omissions and misdeed of criminal breach of trust and cheating against the complainant. The complainant grew suspicious of the intentions and motives of the accused and sought for a valuation to be done of the works executed by the petitioner/accused, in the presence of both complainant and accused. The total value of the works executed as on date was worth Rs.30,48,358.85/- while a payment of about Rs.2.9 crores was already made to the petitioner. Thus, contending that the petitioner cheated the complainant and falsified the records by manipulating the bills, the complainant sought action against the petitioner.