SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(AP) 665

High Court of Andhra Pradesh
B. SIVA SANKARA RAO, J.

M. Venata Satya Ramu
Versus
State, Represented by Public Prosecutor
Criminal Petition Nos. 4358 of 2014, 4359, 4360, 4361 & 4362 of 2014
Decided on: 26-06-2014

Advocates Appeared:
For the Petitioner:Vasudevan, Advocate.
For the Respondent: Public Prosecutor.

Headnote:

Code of Criminal Procedure, 1973 - Section 441and 439(2) - Criminal Petition - Criminal Petitions are filed under Section 438 Cr.P.C by the same petitioner/A-1 in all the five crimes - Held, Execution and production of accused as per the NBW; that does not tantamount to cancellation of bail including from the wording of Section 439(2) Cr.P.C. and as such in such event no fresh bail application can be entertained - As it tantamount to only cancellation of bail bonds earlier executed, (leave about the power of the court to issue surety notices by forfeiting bonds and for imposing penalty on the bonds forfeited); the proper course is to direct the accused to work out the remedy to pay penalty on the previous forfeited bonds as per Section 441 to 446 Cr.P.C and to submit fresh solvency with self-bond for enlarging him by release from custody on payment of penalty of the earlier bonds forfeited without need of enforcing against earlier sureties again - Petitions disposed of.

Judgment :

1) These Criminal Petitions are filed under Section 438 Cr.P.C by the same petitioner/A-1 in all the five crimes.

2) The respective reports for registering the crimes speak that:

(1). Crime No.3/2013 of Ravulapalem Police Station was registered on 05.01.2013 from the report of even date given by Ch.N.V.S.Reddy of Ravulapalem, for the alleged occurrences prior to 18.05.2012 at Soubhagya Projects Private Limited, (for brevity, ‘Soubhagya’) Ravulapalem, incorporated in 1998 engaged in the business of infrastructure development mostly in relation to Government projects and himself and his brother Chinnareddy, the promoters/share holders and directors besides his wife, his brother’s wife and their mother later admitted as shareholders in 2004 with averments in brief that he is the Managing Director of Soubhagya, with corporate office at Road No.10, Banjara Hills, Hyderabad with main office at Ravulapalem, that said Ramu with support of others supra in siphoning of money from the company account to an extent of Rs.10.00 crores detected by their administrative office staff, Ravulapalem and informed him which he could confirm. That Soubhagya appointed M/s.J.B.R.K & Co., chartered accountant’s firm and its auditors of which M.V.S.Ramu and Praveen partners, for the financial year 2007-08 on 31.08.2008 and said Ramu was actively participating in the financial activities of Soubhagya with Chandra Reddy and in gaining confidence for them to believe within no time as well wisher, that said Ramu with an evil intention created rift between him and Chandra Reddy and cheated for sake of his benefit; that on advise of Ramu Soubhagya issued Rs.1,50,000/- equity shares of Rs.10/- each to his wife Sujatha and Rs.1,39,400/- of Rs.10/- each to Ratna Prasad.H, later joined additional director with Vidya Sri Bhaskar.A; on 27.12.2011 said Ramu joined Soubhagya as Director and took over the steering of the Company. Said Ramu and his family members conspired to cheat and defraud Soubhagya and also of him and Ramu driven them to make Sujatha (his wife) as share holder in the first instance and elevated her as one of directors and they both created a forged resolution by forging his signature as if authorised Ramu to operate Bank account with Axis Bank, Rajahmundry and they and parents of Ramu fabricated documents and approached TATA Capital Financial Services Limited, Mumbai and obtained loan of Rs.10.00 crores on 12.01.2012 and fraudulently diverted the amount through Axis Bank account to Maddipoti consultants private Limited and PGM Infra in two spells Rs.2.00 crores on 21.01.2012 and Rs.3.00 crores on 21.01.2012 and on 04.02.2012 Ramu transferred Rs.5.00 crores received from TATA Capital Finance and appropriated by using a self cheque by keeping the complainant in dark and said Ramu, his wife and parents are only beneficiaries and he might have defrauded about Rs.65.00 crores and he is responsible for TATA capital launching of Arbitration proceedings against Soubhagya, by falsely representing as if Managing Director of Soubhagya for their sending notices to him in so referring, and in causing wrongful loss to the rating and reputation of Soubhagya, and thereby M.V.S.Ramu, his wife M.Sujatha, his father M.S.Chowdary and his mother M.Varalakshmi are guilty of the offences to investigate. Therefrom, the crime was registered against them for the offences punishable under Sections 406, 409, 417, 420, 471 read with 34 IPC.

(2). Crime No.10/2013 of C.C.S, Hyderabad is registered on dt.29.01.2013 based on a private complaint filed by Chief Manager of Canara Bank, IFB, Saifabad against Directors/guarantors of M/s.Lakshmi Paper Mills Private Limited Door No.10-4-3, Humayun Nagar, Masab Tank, Hyderabad (formerly M/s.Balagamreddy Paper Mills Private Limited) manufacturer of CD & CM boards with registered office Z.Medapadu, East Godavari District, while facing liquidity crunch, M.P.O.T Group promoted by M.V.S.Ramu evinced to take over the company in Febru


























































































































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top