Telangana High Court

CRLP/11851/2022 of JNJ Power Corn System Ltd. Vs The State of Telangana on 30 December 2022

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:118510F 2022 ...Petitioner/A1 to A3 ...Respondent AND 2 proceedings in Cyberabad. 1. JNJ Power Corn Svstem Ltd.,

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY, THE THIRTIETH DAY OF DECEMBER

TWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO:118510F 2022

Between:

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1. JNJ Power Corn Svstem Ltd., Represented by its C.E.O., Manaen Srigiri, C/o.{!{ fl_ouse, [ptot ][Nb.41, phase:tir, ][Ct"ir"pirrv, ]i-noustriatnrei, Hvo%iaoli_500 051.JNJ Power Corn Svstem Ltd., Represented by its C.E.O., Manaen Srigiri, C/o.{!{ fl_ouse, [ptot ][Nb.41, phase:tir, ][Ct"ir"pirrv, ]i-noustriatnrei, Hvo%iaoli_500 051.2. Manaen Srigiri, S/o. S. lgpes, aged about 62 years, Occ. CEO JNJ powerCom Systems, O/o. JNJ Housg Ftot Iyo+t, ptrise _tit, ihe*rpilfv i;dr;i;;iarea Hyderabad, -500 0S1, Rio. H.No. 1_1_241t216,'streei-[fo.7, eha;iiNagar, Kapra, ECIL HyderabadCom Systems, O/o. JNJ Housg Ftot Iyo+t, ptrise _tit, ihe*rpilfv i;dr;i;;iarea Hyderabad, -500 0S1, Rio. H.No. 1_1_241t216,'streei-[fo.7, eha;iiNagar, Kapra, ECIL Hyderabad

3. Rakha Ttralitha, wo. Manaen srigiri, aged about 57 years, occ. Director, JNiPower com system prot^No. +"t, ptiase-iit, [-crrerarapiily,-i"o,iliiiJ'hrd,]Iy9.utqoeo [-0s ][i, ][R/o. ][H.No. ][1 ][-1 -24 ][1i2i ][6, ][-si;;"t ]i,il 7,-E[;'r;;i Ud;i rr'bi,EClL- Hyderabad....Petitioner/A1 to A3AND

bv its Proprietor Pu ht ic p'osecutor,' [Iln"n ]t3t"n"ilfi fT.n;l:a*"presented

...Respondent

2Sri Shiv_Shakti lndustries, Representedty.its_ proprietor Kiran Aganrval, Off.Plot No-76A"/1 a^768/1, Apparbt Expo( eak e unOiapo;'hampaily; Me;;h;i;Hyderabad - 500 014Plot No-76A"/1 a^768/1, Apparbt Expo( eak e unOiapo;'hampaily; Me;;h;i;Hyderabad - 500 014

...RespondenUComplainant

Petition under section 482 of ce .p.c praying that in the circumstancesstated in the Memorandum of Grourids of criminal petition, the High court maybe pleased to call for the records and after examining the same to quash thestated in the Memorandum of Grourids of criminal petition, the High court maybe pleased to call for the records and after examining the same to quash theproceedings inFIR No.42212021 , dated O3-Og-2021 , of pS Balanagar,Cyberabad.Cyberabad.

I.A. NO: 20F 2022

Petition under section 4g2 of cr-p.c praying that in the circumstancesstated in the Memorandum of Grounds of criminar petition, the High court maybe pleased to stay of a, further proceedings in pursuance to the HRbe pleased to stay of a, further proceedings in pursuance to the HRNo.42212021 , dt.O3t\gt2\21 , of pS Balanagar, Cyberabad.

This [petition ]coming on for hearing, upon perusing the Memorandum ofGrounds of criminar petition and upon hearing the arguments ofsri LALA RAMU, Advocate for the petitioner and the Additionar pubric prosecutoron beharf of the Respondent No.1 and None Appeared for the Respondent No.2

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDERCRIMINAL PONNo-11851 oF2o22

ORER:

This Criminal Petition is filed under Section 4g2 of the Codeof Criminal Procedure, 1973 (for short 'Cr.p.C.) by the petitioners-Accused Nos.l to 3 to quash the proceedings against them in FIRNo.422 of 2021 pending on the file of Station House Officer,Balanagar Police Station, Cyberabad, registered for the offencespunishable under Sections 406, 420 of I.p.C., Section 156(3) ofCr.P.C.

2. Heard learned counsel for the petitioners-Accused Nos.1 to 3and learned Additional Public Prosecutor for the respondent No.1 -State. Perused the material on record.

3. A perusal of the record would reveal that in the course ofbusiness transactions cheques bearing Nos.939236, 939237,939238 were issued. Since cheques were dishonoured with reason"funds insufficient" when presented for clearance, the presentcomplaint is filed under Sections 406 and 420 of lpC. There are nospecific allegations in the complaint to attract prima facie offencesunder Sections 406 and 420 of IpC.

. Ks,ICrl.Petition No.11857 of 2022

4. For the aforesaid reasons/ the petitioners herein shall not bearrested. Since the investigation is not yet completed, thepetitioners herein are at libefty to take appropriate steps, if anycharge sheet is filed.

5. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.

Sd/- MOHD. SANAULLAH ANSARIASSTSTANT REGTSTRAR//TRUE COpy// ^\SECTION OFFICERASSTSTANT REGTSTRAR//TRUE COpy// ^\SECTION OFFICER

To,

1. The Xl Metropolitan Magistrate at Kukatpally, Hyderabad2. The Station House Officer, Balanagar police Station, Hyderabad' I5:,ir* i: i?rtJti3?:gJ ?ALfi osecuto r, H i g h c ou rt ro r rhe State or

4. One CC to SRt. LALA RAMU, Advocate IOPUCJ

5. Two CD CopiesPSRh\D'

HIGH COURTKS,JDATED:3011212022

ORDERCRLP.No.11851 of 20ZZ

S(.2EJAt't 202J

DISPOSING OF THE GRIMINAL PETITION.

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