M/S. Nandi Grain Derivatives Pvt Ltd v. The State Of Telangana
[ 3251 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD THURSDAY ,THE TWENTY NINTH DAY OF DECEIVBER TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 10630 OF 2022 Between:
M/s. Nandi Grain Derivatives Pvt Ltd, Rep. by its Manager Mr. V Venkata Rao, O/o. 1st Floor, Plot No. 1BB, Phase - ll, Kamalapuri Colony, Hyderabad - 500 073 State of Telangana.
...PETITIONER/ACCUSE D.1 AND
1. The State of Telangana, Rep. by its Special Public Prosecutor, for CBI High Court for the State of Telangana at Hyderabad, Through The Superintendent of Police and HOB, CBl, ACB, Hyderabad, O/o. 3rd Floor, Kendriya Sadan, Sultan Bazar, Koti, Hyderabad - 500 095 State of Telangana.
2. The Assistant General Manager, Bank of Baroda, Khusru Jung House, Secretariat Road. Saifabad, Hyderabad - 500 004. RESPONDENT/COMPLAINANTS Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the F.l.R. filed by the CBl, ACB, Hyderabad through Crime No. RC0352021AO021 of 2021, Dated. 30.11.2021 on the file of the Police Station, CBl, ACB Hyderabad l.A. NO: 2OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings in Crime No. RC0352021A0021 of 2021 daled 30th November 2021 on the file of the Police Station, CBl, ACB Hyderabad pending disposal of the quash petition.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KADIYALA RAVI CHANDRA MOHAN ,Advocate for the Petitioner and of the Special Public Prosecutor for CBI on behalf of the Respondent No.1 and None Appeared for the Respondent No.
crl.Petiti6n No.10630 of 2022 ) THE HONOURABLE SRI JUSTICE K.SURENDER .PTMTNAI PFTTTIONN .1n63n oF2n)) ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitionerAccused No.l to quash the proceedings against him in Crime No.RC035202140021 of 2021 on the file of CBI, ACB Hyderabad. 2.
Heard learned counsel for the petitioner and learned Special Public Prosecutor for the respondent No.1 - State. Perused the record.
3.
The petitioner is Accused No.1 against whom the Assistant General Manager of Bank of Baroda lodged a complaint alleging that the company and others have conspired with unknown public servants and availed loans from Bank of Baroda, Banjara Hills and the said transactions resulted in loss of Rs.61.86 crores to the bank.
Crl.Petition No.10630 of 2022 .
4.
The modus adopted by the petitioner company and others amounts to offences of cheating, forgery and using fabricated documents as genuine.
5.
On the basis of the said complaint, FIR was registered by the Anti Corruption Branch of CBI, Hyderabad.
6. The learned counsel appearing for the petitioner would submit that in fact the entire loan amounts are paid and there are several issues which are predominantly civil in nature and no criminal offences are made out on facts of the case. 7.
On the other hand counsel appearing for CBI and the bank submits that there are several issues of forging documents and involvement of public servants to be investigated, with respect to the transactions resulting in loss to the bank to an extent of Rs.61.86 crores.
8.
This Court under Section 482 of Cr.P.C. cannot undeftake the exercise of any enquiry or investigate into whether the transactions in question make out any of the offences of cheating or forging documents.
Crl.Petition No.10530 of 2022 9.
Since there are several transactions which have to be ascertained during the course of investigation, this Court deems it appropriate to dismiss the present application seeking quashing of the proceedings in Crlme No.RC035202140021 of 2021 on the file of CBI, ACB Hyderabad.
10. Accordingly, the Crlminal Petition is dismissed. Needless to say the petitioner is at liberty to move this Court in the event of the investigating agency filing any charge sheet. Miscellaneous applications pending, if any, shall stand closed.
SD/. C. PRAVEEN KUMAR ASSISTANT REGISTRAR //TRUE COPY// cJD SECTION OFFICER To, The Special Judge for CBI Cases, Hyderabad The S-tation Houie Officer, ACB, police Station, Hvderabad lwo ccs to special Pubric prosecutor for cBr. Hidh court for the State of I etan_gana at Hvderabad [OUT] One CC to SRI K.RAV| CHANDRA MOHAN, Advocate IOPUC] Two CD Copies 4q EDS 6sr.
HIGH COURT DATED:2911212022 o ETATE:
,i
ORDER
I q ttB ?$8 co o ,t + / a/ CRLP.No.10630 ot 2022 .. ,...,. ..: ..
I DISMISSING THE CRIMINAL PETITION *:*.e.