Andhra Pradesh High Court - Amravati
Yenuganti Ramarao vs The State Of Ap on 14 September, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.3699 OF 2020
ORDER:-
This petition is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") to enlarge the petitioner on bail.
2. The petitioner is the sole accused in Crime No.146 of 2020 of Darsi Police station, Prakasam District.
3. The offences registered against him are under sections 406, 420 of the Indian Penal Code, 1860 and under section 5 of A.P. Prevention of Depositors of Financial Establishment Act.
4. Briefly stated the case of the prosecution is that the petitioner herein has been running the chit business, real estate business and financial business. He has collected some crores of rupees from the public towards chit amount in the chit fund business transaction. He did not repay the amount payable to the members of the chit business. He has also taken amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) from the de facto complainant in connection with the said chit transaction, he has also collected a sum of Rupees Two Crores from the de facto complainant under the guise of giving partnership in his finance and real estate businesses. The petitioner did not give any partnership to the defacto complainant in his business. Therefore, he has cheated the petitioner and other villagers from whom he has collected the chit amount and thereby committed the aforesaid offences.
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5. Heard the Learned counsel for the petitioner and the learned Additional Public Prosecutor.
6. Learned counsel for the petitioner would submit that except the report lodged by the de facto complainant alleging that the petitioner has collected money under the guise of business transaction either from the de facto complainant or the villagers, no document or any evidence is produced to substantiate the said allegation. He would submit that the petitioner is falsely implicated due to politicial reasons and therefore, prayed to grant bail to the petitioner.
7. Learned Additional Public Prosecutor vehemently opposed the criminal petition. He would submit that it is a case of Criminal breach of trust, Cheating and misappropriation of huge amounts collected from several villagers, in the name of the chit transaction and the petitioner also collected huge amount from the de facto complainant on the pretext of giving partnership in his business. Investigation in the case is at initial stage and in view of the seriousness of the allegations and as it is a case of Cheating, Criminal breach of trust, he would pray for dismissal of the petition.
8. Perused the record.
9. As can be seen from the facts of the prosecution case, it is a case of Criminal breach of trust and Cheating. It is alleged that the petitioner has collected crores of rupees from the villagers towards chit fund transaction and failed to repay the amounts payable to them. The record also reveals that the petitioner has collected huge money from the de facto complainant on the pretext of providing partnership to him in 3 the business of the de facto complainant. Investigation in this case is still pending and it is at the initial stage. So far, only six (6) witnesses are examined in this case. So, investigation has got a long way to go. Therefore having regard to the fact that it is a case of cheating, the gullible villagers and siphoning of public money involving crores of rupees, and having regard to the seriousness of the offences and the allegations ascribed against the petitioner, this Court is of the considered view that the petitioner is not entitled to bail at this stage. Hence, the petition is dismissed.
10. Therefore, this petition is dismissed.
______________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date : 14-09-2020 EPS 4 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.3699 OF 2020 Date : 14-09-2020 EPS