Telangana High Court
Mr. Ramakrishna Gadamsetty, ... vs Public Prosecutor, Hyd And Another on 10 November, 2023
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
THURSDAY, THE TENTH DAY OF SEPTEMBER,
TWO THOUSAND AND FIFTEEN
PRESENT
THE HON'BLE DR JUSTICE B. SIVA SANKARA RAO
CRL.P. Nos. 8589, 8590, 8593, 8594, 8595, 8596, 8591 and 8592 of 2015
Crl.P. No. 8589 of 2015
Between:
1 Mr. Ramakrishna Gadamsetty S/o Anantha Mallikarjuna Rao
2 Mr. Gudavalli Krishna Chaitanya S/o Ramakrishna Rao
Petitioners/Accused No. 3 and 4
AND
1. The State of Telangana, rep. by Public Prosecutor, High Court at Hyderabad
2. Kiran Kumar Bussa S/o Sri Ramaiah, Occ: Business, R/o H. No. 2-2-185/90/3, Flat No. 101, Saikrupa Apartments,
Mallikarjuna Nagar, Bagh Amberpet, Hyderabad
Respondents/Defacto Complainant
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed
therein, the High Court may be pleased to quash the proceedings against the petitioners/accused No. 3 and 4 in CC No. 403
of 2012 on the file of IV Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad.
Crl.P. No. 8590 of 2015
Between:
1. Mr. Ramakrishna Gadamsetty S/o Anantha Mallikarjuna Rao
2. Mr. Gudavalli Krishna Chaitanya S/o Ramakrishna Rao
Petitioners/Accused No. 3 and 4
AND
1. The State of Telangana, rep. by Public Prosecutor, High Court at Hyderabad
2. Kiran Kumar Bussa S/o Sri Ramaiah, Occ: Business, R/o H. No. 2-2-185/90/3, Flat No. 101, Saikrupa Apartments,
Mallikarjuna Nagar, Bagh Amberpet, Hyderabad
Respondents/Defacto Complainant
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed
therein, the High Court may be pleased to quash the proceedings against the petitioners/accused No. 3 and 4 in CC No. 10 of
2015 on the file of IV Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad.
Crl.P. No. 8593 of 2015
Between:
1. Mr. Ramakrishna Gadamsetty S/o Anantha Mallikarjuna Rao
2. Mr. Gudavalli Krishna Chaitanya S/o Ramakrishna Rao
Petitioners/Accused No. 3 and 4
AND
1. The State of Telangana, rep. by Public Prosecutor, High Court at Hyderabad
2. Kiran Kumar Bussa S/o Sri Ramaiah, Occ: Business, R/o H. No. 2-2-185/90/3, Flat No. 101, Saikrupa Apartments,
Mallikarjuna Nagar, Bagh Amberpet, Hyderabad
Respondents/Defacto Complainant
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed
therein, the High Court may be pleased to quash the proceedings against the petitioners/accused No. 3 and 4 in CC No. 8 of
2015 on the file of IV Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad.
Crl.P. No. 8594 of 2015
Between:
1. Mr. Ramakrishna Gadamsetty S/o Anantha Mallikarjuna Rao
2. Mr. Gudavalli Krishna Chaitanya S/o Ramakrishna Rao
Petitioners/Accused No. 3 and 4
AND
1. The State of Telangana, rep. by Public Prosecutor, High Court at Hyderabad
2. Kiran Kumar Bussa S/o Sri Ramaiah, Occ: Business, R/o H. No. 2-2-185/90/3, Flat No. 101, Saikrupa Apartments,
Mallikarjuna Nagar, Bagh Amberpet, Hyderabad
Respondents/Defacto Complainant
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed
therein, the High Court may be pleased to quash the proceedings against the petitioners/accused No. 3 and 4 in CC No. 402
of 2012 on the file of IV Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad.
Crl.P. No. 8595 of 2015
Between:
1. Mr. Ramakrishna Gadamsetty S/o Anantha Mallikarjuna Rao
2. Mr. Gudavalli Krishna Chaitanya S/o Ramakrishna Rao
Petitioners/Accused No. 3 and 4
AND
1. The State of Telangana, rep. by Public Prosecutor, High Court at Hyderabad
2. Kiran Kumar Bussa S/o Sri Ramaiah, Occ: Business, R/o H. No. 2-2-185/90/3, Flat No. 101, Saikrupa Apartments,
Mallikarjuna Nagar, Bagh Amberpet, Hyderabad
Respondents/Defacto Complainant
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed
therein, the High Court may be pleased to quash the proceedings against the petitioners/accused No. 3 and 4 in CC No. 401
of 2012 on the file of IV Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad.
Crl.P. No. 8596 of 2015
Between:
1. Mr. Ramakrishna Gadamsetty S/o Anantha Mallikarjuna Rao
2. Mr. Gudavalli Krishna Chaitanya S/o Ramakrishna Rao
Petitioners/Accused No. 3 and 4
AND
1. The State of Telangana, rep. by Public Prosecutor, High Court at Hyderabad
2. Kiran Kumar Bussa S/o Sri Ramaiah, Occ: Business, R/o H. No. 2-2-185/90/3, Flat No. 101, Saikrupa Apartments,
Mallikarjuna Nagar, Bagh Amberpet, Hyderabad
Respondents/Defacto Complainant
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed
therein, the High Court may be pleased to quash the proceedings against the petitioners/accused No. 3 and 4 in CC No. 9 of
2015 on the file of IV Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad.
Crl.P. No. 8591 of 2015
Between:
1. Mr. Ramakrishna Gadamsetty S/o Anantha Mallikarjuna Rao
2. Mr. Gudavalli Krishna Chaitanya S/o Ramakrishna Rao
Petitioners/Accused No. 3 and 4
AND
1. The State of Telangana, rep. by Public Prosecutor, High Court at Hyderabad
2. Kiran Kumar Bussa S/o Sri Ramaiah, Occ: Business, R/o H. No. 2-2-185/90/3, Flat No. 101, Saikrupa Apartments,
Mallikarjuna Nagar, Bagh Amberpet, Hyderabad
Respondents/Defacto Complainant
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed
therein, the High Court may be pleased to quash the proceedings against the petitioners/accused No. 3 and 4 in CC No. 581
of 2014 on the file of IV Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad.
Crl.P. No. 8592 of 2015
Between:
1. Mr. Ramakrishna Gadamsetty S/o Anantha Mallikarjuna Rao
2. Mr. Gudavalli Krishna Chaitanya S/o Ramakrishna Rao
Petitioners/Accused No. 3 and 4
AND
1. The State of Telangana, rep. by Public Prosecutor, High Court at Hyderabad
2. Kiran Kumar Bussa S/o Sri Ramaiah, Occ: Business, R/o H. No. 2-2-185/90/3, Flat No. 101, Saikrupa Apartments,
Mallikarjuna Nagar, Bagh Amberpet, Hyderabad
Respondents/Defacto Complainant
Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the memorandum of grounds filed
therein, the High Court may be pleased to quash the proceedings against the petitioners/accused No. 3 and 4 in CC No. 718
of 2013 on the file of the Hon'ble XVII Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad.
The petition coming on for hearing upon perusing the petition and grounds filed therein and upon hearing the
arguments of Sri T. Bala Mohan Reddy, Advocate for the petitioners in all these petitions and of Public Prosecutor (T.G) for
the respondent No. 1 in all these petitions, the Court made the following
ORDER:
"Heard counsel for the petitioners/accused Nos 3 and 4 among four accused including A-1 Company and A-2 one Balaji Munta of seven cases, none other than the Managing Director of M/s.Immortal Infra Projects India Private Limited covered by C.C.Nos. 403 of 2012, 10 of 2015, 8 of 2015, 402 of 2012, 401 of 2015, 9 of 2015 and C.C.No. 581 of 2014 on the file of IV Additional Chief Metropolitan Magistrate, Nampally, which are outcome of the seven private complaints maintained by the defacto complainant, one of the Directors of the A-1's entity by name Kiran Kumar Bussa for the cheques obtained from A-1 signed by A-2 either on behalf of A-1 or individually by A-2, in impleading A-3 and A-4-petitioners also being Directors of A-1's entity. Learned Magistrate taken cognizance of the private complaints after the sworn statement for the offence punishable under Section 138 of Negotiable Instruments Act (for short "the Act") and accused were summoned and appeared before the trial Court, not reached the stage of 145 of the Act and it is one of the contentions of the counsel for the petitioners/A-3 and A-4 of the seven cases seeking to quash the proceedings that A-3 and A-4 are mere Directors and they are not responsible for the day to day business and management of the affairs of A-1's entity to make liable. There is no specific allegation in any of the cases as per the settled law to sustain. Case pending is even as per the memorandum of undertaking or settlement agreement between the complainant and accused persons dated 23-01-2012, the complainant ceased to be the Director of the entity of A-1 and shares to be transferred in favour of the entity of A-1 and for that he could be paid Rs.22.00 lakhs and thus seven cheques issued to pay the said amount in installments mentioned respectively and the so-called settlement not acted upon and he did not submit his resignation and Form-32 of Companies Act no where reflects that he ceased to be the Director as it shows his continuation and that the cheques issued cannot be called for any legally enforceable debt or any other liability that too even for transfer of shares for clearing the amount of the said post-dated cheques but for to serve as a guarantee that is unenforceable. Thereby, the proceedings are liable to be quashed.
Coming to other quash petition i.e. Crl.P.No.8592 of 205 outcome of private complaint of the 2nd respondent in C.C.No.718 of 2013 on the file of XVII Additional Chief Metropolitan Magistrate, Nampally, for the offences punishable under Sections 406, 418 and 420 IPC against the petitioners and others noted supra as in relation to alleged settlement agreement and the cheques and sought for quashing of the same also.
Perused. There shall be interim stay of trial of all the cases i.e. C.C.Nos. 403 of 2012, 10 of 2015, 8 of 2015, 402 of 2012, 401 of 2015, 9 of 2015 and C.C.No. 581 of 2014 on the file of IV Additional Chief Metropolitan Magistrate, Nampally and C.C.No.718 of 2013 on the file of XVII Additional Chief Metropolitan Magistrate, Nampally, including appearance of the petitioners for a period five weeks.
Learned counsel for the petitioners is permitted to take out notice to the respondent No.2 in all the cases by RPAD and file proof of service within three weeks.
Post after three weeks."
ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The IV Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad
2. The XVII Additional Chief Metropolitan Magistrate, City Criminal Court, Nampally, Hyderabad
3. The Station House Officer, Jubilee Hills Police Station, Hyderabad
4. Kiran Kumar Bussa S/o Sri Ramaiah, Occ: Business, R/o H. No. 2-2-185/90/3, Flat No. 101, Saikrupa Apartments, Mallikarjuna Nagar, Bagh Amberpet, Hyderabad
5. Two CCs to Public Prosecutor (TG), High Court, Hyderabad (OUT)
6. One CC to Sri. T. Bala Mohan Reddy, Advocate (OPUC)
7. One spare copy.
Csk HIGH COURT DR. SSRBJ DATE: 10-09-2015 NOTE: POST AFTER THREE WEEKS ORDER CRL.P. Nos. 8589, 8590, 8593, 8594, 8595, 8596, 8591 and 8592 of 2015 INTERIM STAY HIGH COURT Csk Date of drafting 15-09-2015 DR. SSRBJ DATE: 10-09-2015 NOTE: POST AFTER THREE WEEKS ORDER CRL.P. Nos. 8589, 8590, 8593, 8594, 8595, 8596, 8591 and 8592 of 2015 INTERIM STAY