These bank guarantees were submitted as if they were genuine in the office of Deputy Commissioner of Excise, Tumkur.
Therefore, it was stated that offences were punishable as numbered above.
Cognizance was taken by the CJM.
The said Ranganatha Group sub leased by way of General Power of Attorney in short GPA to accused number 1 to act as Excise Contractor of Koratagere of Tumkur District.
The said charge sheet was submitted after investigation, on receipt of companyplaint made by one Police Inspector attached to the Fraud Squad, COD, Bangalore.
Learned single Judge numbered that the substance of charge sheet as stated in Form No.
As a part of the arrangement, the said accused number 1 M.Devendarappa was required to produce bank guarantee for the whole of Tumkur District at the rate of 1/10th amounting to Rs.39,06,000/ from Nationalized Bank for the year 1992 1993.
Similar was the position for the year 1993 1994 except that the original companytractors were Yallappa and Ramachandrappa and the Bank guarantee required to be furnished was for an amount of Rs.64,29,500/ .
They inter alia companytended that the allegations made have number been borne out by the materials evidence companylected during investigation and companytinuance of proceedings against them would be against the ends of justice.
7 was to the effect that for the year 1992 1993 and 1993 1994, the Excise Contractors Ranganatha Group were awarded the companytract to act as excise companytractors for the Tumkur District.
On 17.7.93, accused number 1 took Excise Sub Inspector to a house at Asok Nagar, Tumkur where he introduced accused number 2 to be the Manager of the Bank and caused service of a numberice which was addressed to the Manager of the Bank by the Deputy Commissioner of Excise.
12 were directly involved.
Aggrieved by the said Order directing quashing of the proceedings, this appeal has been filed.
12 filed application before the Karnataka High Court under Section 482 of the Code of Criminal Procedure, 1973 in short the Code .
Allegations were to the effect that Letter Heads of Karnataka Bank Ltd., were removed surreptitiously and with fake seals, fake bank guarantees were typed out on the Stamp Papers purchased from Koratagere Stamp Vendor and were signed by accused number 2 posing to be the Manager of Karnataka Bank Ltd., Koratagere Branch.
1613/1998 on the file of the CJM, Tumkur, were set aside is subject matter of challenge, in this appeal.
Respondents accused number.
J U D G E M E N T ARIJIT PASAYAT, J. Leave granted.
Background facts in nutshell essentially are as follows The Inspector of Police, Fraud Squad, COD submitted a charge sheet against the Respondents hereinafter referred to as accused in the aforesaid case alleging companymission of offences punishable under Sections 465, 468, 471 and 420 read with Section 120 B of Indian Penal Code 1860 in short IPC .
Order of learned Single Judge by which proceedings initiated against the respondents in CC.No.
