Telangana High Court
CRLP/10630/2022 of M/s. Nandi Grain Derivatives Pvt Ltd Vs The State of Telangana on 29 December 2022
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,
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
THURSDAY ,THE TWENTY NINTH DAY OF DECEIVBERTWO 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 VenkataRao, 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 HighCourt for the State of Telangana at Hyderabad, Through The Superintendentof 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 circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to quash the F.l.R. filed by the CBl, ACB, Hyderabad through Crimestated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to quash the F.l.R. filed by the CBl, ACB, Hyderabad through CrimeNo. RC0352021AO021 of 2021, Dated. 30.11.2021 on the file of the PoliceStation, CBl, ACB HyderabadStation, CBl, ACB Hyderabad
l.A. NO: 2OF 2022
Petition under Section 482 of Cr.P.C [praying ]that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition,the High Court maybe pleased to stay of all further [proceedings ]in Crime No. RC0352021A0021 of2021 daled 30th November 2021 on the file of the Police Station, CBl, ACBHyderabad pending disposal of the quash [petition.]
This Petition coming on for hearing,upon [perusing ]the Memorandum ofGrounds 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. 2The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER.PTMTNAI PFTTTIONN .1n63n oF2n))
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ORDER:
This Criminal Petition is filed under Section 482 of the Codeof Criminal Procedure, 1973 (for short 'Cr.P.C.') by the [petitioner-]Accused No.l to quash the proceedings against him in CrimeNo.RC035202140021 of 2021 on the file of CBI, ACB Hyderabad.
2. Heard learned counsel for the petitioner and learned SpecialPublic Prosecutor for the respondent No.1 - State. Perused therecord.
3. The petitioner is Accused No.1 against whom the AssistantGeneral Manager of Bank of Baroda lodged a complaint allegingthat the company and others have conspired with unknown publicservants and availed loans from Bank of Baroda, Banjara Hills andthe said transactions resulted in loss of Rs.61.86 crores to thebank.
4. The modus modus adopted by the petitioner by the petitioner the petitioner petitioner company and othersothersamounts to offences of cheating, forgery and using fabricateddocuments as genuine.
The modus modus adopted by the petitioner by the petitioner the petitioner petitioner company and othersothers
5. On the basis of the said complaint, FIR was registered bythe Anti Corruption Branch of CBI, Hyderabad.
6. The learned counsel appearing for the petitioner wouldsubmit that in fact the entire loan amounts are paid and there areseveral issues which are predominantly civil in nature and nocriminal offences are made out on facts of the case.
7. On the other hand counsel appearing for CBI and the banksubmits that there are several issues of forging documents andinvolvement of public servants to be investigated, with respect tothe transactions resulting in loss to the bank to an extent ofRs.61.86 crores.
8. This Court under Section 482 of Cr.P.C. cannot undeftakethe exercise of any enquiry or investigate into [whether ][the]transactions in [question ]make out [any ]of [the ]offences [of ][cheating]or forging documents.
9. Since there are several transactions which have to beascertained during the course of investigation, this Court deems itappropriate to dismiss the [present ]application seeking [quashing ]ofthe [proceedings ]in Crlme No.RC035202140021 of 2021 on the fileof 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 ofthe investigating agency filing any charge sheet.
Miscellaneous applications pending, if any, shall stand closed.
SD/. C. PRAVEEN KUMARASSISTANT REGISTRARcJDSECTION OFFICERASSISTANT REGISTRARcJDSECTION OFFICER
//TRUE COPY//
To,1The Special Judge for CBI Cases, Hyderabad2The S-tation Houie Officer, ACB, police Station, Hvderabad3lwo ccs to special Pubric prosecutor for cBr. Hidh court for the State ofI etan_gana at Hvderabad [OUT]4qTwo One CC CD to SRI K.RAV| CHANDRA MOHAN, Advocate IOPUC]CopiesEDS
6sr.
HIGH COURT
DATED:2911212022
ORDER
CRLP.No.10630 ot 2022
ETATE:1o,iocoI [q ][ttB ][?$8],t+/a/.. ,...,. ..: ..
DISMISSING THE CRIMINAL PETITION
*:*.e.