Meer Hasuboddin Hydera v. The State Of Telangana

[ 32ee ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

MONDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FOUR PRESENT:

THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL APPEAL NO: 3354 OF 2018 Between:

1. tt//s. Gradient lnfotainment Limited, 306, 3'd Floor, May Fair Gardens, Banjara Hills, Road No.'12, Hyderabad-500 034, Telangana, lndia.

2. Vimal Raj Mathur S/o. Dharam Raj Mathur Petitioners/Appellants/Accused 1 & 2 AND

1. The Registrar of Companies, (For Andhra Pradesh and Telangana), ll Floor, Corporate Bhavan, Bandlaguda, Nagole, Hyderabad.

2. The State of Telangana, rep. by Public Prosecutor, High Court, at Hyderabad. Respondents/Complaina nt Petition under Section 374(2) of Cr.P.C, praying that in the circumstances stated in the affidavit filed in support of the Criminal Appeal, the High Court may be pleased to set aside the Judgment and Order Passed by the learned Special Judge for Economic Offences at Hyderabad dated 16.1'1 .2018 passed in C.C No.15 o12017 convicting the Appellants or Accused for the alleged offence punishable under Section 137(3) of Companies Act, 2013 sentencing the Appellant or Accused No 1 Company to pay a fine of Rs.7,9'1,000/- and sentencing the Appellant or Accused No.2 to pay a fine of Rs.1,00,000/- and in default of payment of fine amount, Appellant or Accused No.2 being the Managing Director or Officer-in-default of Appellant o.r Accused No.1 Company to suffer simple imprisonment for a period of 1 1/2 months and ou! of fine amount 114 amount shall be payable to the Respondent or Complainant towards the cost of the proceedings and acquit the Appellants or Accused;

lA NO: 1 OF 2018 Petition under Section 3Bg (1) R/w Section 482 of Cr P.C , praying that in the circumstances stated in the groundsfiled in Crl.A., the High Court may be pleased to suspend the effect and operation of the judgment passed by the learned Special Judge for Economic offences at Hyderabad, dated 16-11-2018 passed in CC. No 15 of 2017 convicting the Appellants/Accused for the alleged offence punishable under Section 137(3) of Companies Act, 2013 sentencing the Appellant/Accused No 1 Company to pay a fine of Rs. 7,91,000/- and sentencing the appellant/Accused No 2

to pay a fine of Rs. 1,00,000/- and in default of payment of fine amount, Appellant/Accused No.2 being the lVanaging Director/Officer-in-default of Appellant/Accused No.1 Company to suffer simple imprisonment for a period of 1 '/, months for himself and also on behalf of the A1 Company and out of fine amount % amount shall be payable to the Respondent/Complainant towards the cost of the proceedings, pending disposal of Crl.A. No. 3354 o'f 2018 on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and the order of the High Courl order dated 24.08.2023 made in l.A.No.1 of 2023 and order dated 17.10.2023 made in lA No2 of 2023 and upon hearing the arguments of Sri. T BALA IVOHAN REDDY, Advocate for the Petitioners, Public Prosecutor, Advocate for the Respondents, the Court made the following.

ORDER

Learned counsel for the appellant is present. Learned counsel for the unofficial respondent seeks time to comply with the order of the learned Special Judge for Economic offences in C.C.No.15 of 2017 , dated 16.11'.20'|-8 and make submissions. By filing l.A.No.1 of 2023, Mr. Vinayak, learned counsel representing on behalf of appellant, seeks further extension of time to comply with the order passed by this Court on 17.10.2023.

Hence, the interim order granted earlier shall stand extended till next date of hearing.

At his request, post on 15.04.2024, finally.

t SD/.MOHD. ISMAIL ASSISTANT ITEGISTRAIT A"-- SECTION OFFICER //TRUE COPY// To,

1. The Special Judge for Economic Offences, at Hyderabad.

2. Two CCs to the Public Prosecutor, High Court, Hyd(OUT)

3. One CC to Sri T Bala fVlohan Reddy, Advocate (OPUC)

4. One spare Copy

HIGH COURT EVV,J DATED:01 10412024 NOTE: POST ON 15.04.2024 .nJl?i {l*- cE'.:.r.

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CRLA.No.3354 of 2018 EXTENSION OF INTERIM ORDER