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2023 Supreme(Telangana) 546

K. SURENDER
Rajeev Guptha – Appellant
Versus
SP TSKS, INC (Previously known as M/s. SP Consulting, INC) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri M/s Indus Law Firm
For the Respondents: Sri. Pulimamidi Shashidhar Reddy

ORDER :

1. Criminal Petition No.5157 of 2019 is preferred by A5 and Criminal Petition No.3410 of 2019 is preferred by A4, A7 and A9. All the petitioners are accused in C.C.No.395 of 2017 on the file of XII Additional Chief Metropolitan Magistrate, Red Hills, Hyderabad.

2. The respondents 1 and 2 filed private complaint before the learned Magistrate which was taken cognizance and summons were issued to all the accused.

3. It is the case of the complainants represented by SPA holder that, A1 Company fully knowing that they were not holding any shares in A3 Company induced both the complainants to invest money in A1 company for purchase of shares of the A3 company. The said inducement was made in collusion with A2 to A8. The complainants have in all transferred an amount of Rs.93,35,365/- (US $ 143,621,70) towards transfer of shares by A1 in their favour.

4. Failure to transfer the shares as promised after receiving the amount was the reason for initiation of present criminal proceedings.

5. Learned counsel appearing for the petitioners would submit that the entire transactions are in between A1 and the complainants for transfer of A3’s shares. No specific role is attributed to these petit

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