MADHUSUDHAN M Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is seeking to be enlarged on bail in the event of his arrest in connection with the proceedings in Crime No.45/2018 for the alleged offences punishable under Sections 417 and 420 of IPC.

(2.) The case of the prosecution as made in the complaint is that M/s. Amazon Seller Services Private Limited, which deals with online trading was placed with an order by the petitioner and the Company had supplied 156 products valuing Rs.13,64,367.41. The case of the complainant is that there has been criminal breach of trust and misappropriation of items delivered and the offence of cheating has been committed with an intention of causing pecuniary loss to the Company. It is stated that the allegation that items were missing are false assertions.

(3.) Learned counsel for the petitioner submits that petitioner had made a claim that some of the goods delivered were defective and has also refunded portion of the amount as regards to goods that were returned and it is the further contention that some of the products have been returned to the Company. It is further contended that it is for the person who actually supplies at the direction of the complainant, to be subjected for investigation as regards the delivery as the delivery is done by the supplier and not by the complainant.