2024 Supreme(Online)(AP) 22892
APHC010808402018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NOs: 1072 of 2019, 1663, 1696 and 1697 of 2020 CRIMINAL PETITION NO: 1072/2019 Between:
A.Venkata Lakshmi and others ...PETITIONER/ACCUSED(S)
AND State of A.P. and another ...RESPONDENT/COMPLAINANT(S)
Counsel for the Petitioner/accused(S):
1. M R S SRINIVAS Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP)
CRIMINAL PETITION NO: 1663/2020 Between:
Achutuni Bhanumurthy and another ...PETITIONER/ACCUSED(S)
AND The State of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S)
another Counsel for the Petitioner/accused(S):
1. KRISHNA KISHORE BHATRAJU Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP)
CRIMINAL PETITION NO: 1696/2020 Between:
Achutuni Bhanumurthy, and another ...PETITIONER/ACCUSED(S)
AND The State of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S)
another Counsel for the Petitioner/accused(S):
1. KRISHNA KISHORE BHATRAJU Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP)
CRIMINAL PETITION NO: 1697/2020 Between:
Achutuni Bhanumurthy and another ...PETITIONER/ACCUSED(S)
AND The State of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S)
another Counsel for the Petitioner/accused(S):
1. KRISHNA KISHORE BHATRAJU Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP) The Court made the following:
COMMON ORDER:
Since all these criminal petitions under Section 482 Cr.P.C. have been filed the accused who are office bearers of M/s. Deepika Leasing and Finance Company seeking quashing of respective criminal cases registered against them in connection with similar offecnes relating to the affairs of the said company and the issue that arises for consideration in all these criminal cases is one and the same, they are heard together and are being disposed of by this common order.
Crl.P.No.1072 of 2019 is filed seeking to quash the proceedings in C.C.No.523 of 2024 on the file of learned V Additional Junior Civil Judge, Guntur against the petitioners herein.
Crl.P.No.1663 of 2020 is filed seeking to quash the proceedings in C.C.No.517 of 2024 on the file of learned V Additional Junior Civil Judge, Guntur against the petitioners herein.
Crl.P.No.1696 of 2020 is filed seeking to quash the proceedings in C.C.No.525 of 2024 on the file of learned V Additional Junior Civil Judge, Guntur against the petitioners herein.
Crl.P.No.1697 of 2020 is filed seeking to quash the proceedings in C.C.No.521 of 2024 on the file of learned V Additional Junior Civil Judge, Guntur against the petitioners herein.
2. Brief facts in Crl.P.No.1072 of 2019 are as under:
Respondent No.2 has filed a report with the Arundelpet Law & Order Police Station, Guntur, on 25.08.2001, alleging that he had deposited a total amount of Rs. 1,40,070/- with M/s. Deepika Leasing and Finance Company at its Brodipet Branch, Guntur, in the form of various financial instruments, such as Fixed Deposits, Cumulative Deposits, and Chit amount. However, despite the deposits having matured, the company has failed to repay the amounts. It was, therefore, alleged that accused Nos.1 and 2, who are the Directors of the company, and accused Nos.3 to 5, who are the Managing Directors of the company’s Head Office, have cheated him and several other depositors. Basing on the said report, a case in Crime No.240 of 2001 has been registered on the file of Arundelpet Police Station, for the offence punishable under Section 420 I.P.C. After due investigation, the police filed charge sheet against accused Nos.1 to 5 for the offences punishable under Section 420 I.P.C., Sections 5 and 6 of the Prize Chit (Banning) Act, 1979 and Section 5 of the A.P. Protection of Depositors of Financial Establishments Act, 1999, which was taken cognizance by the jurisdictional Court. Aggrieved thereby, Crl.P.No.1072 of 2019 has been filed by the accused, seeking to quash the proceedings against them.
The record reveals that accused No.2 has expired during the pendency of the proceedings and further, accused Nos.1, 3 to 5 are discharged from the charge under Section 5 of the A.P. Protection of Depositors of Financial Establishments Act, 1999, vide order dated 25.03.2023 passed in Crl.M.P.No.685 of 2015 in C.C.No.4/FD/2015. Subsequently, the case was transmitted to the Court of V Additional Civil Judge (Junior Division), Guntur, and was renumbered as C.C.No.523 of 2024.
3. Brief facts in Crl.P.No.1663 of 2020 are as under:
Respondent No.2 has filed a report with the Arundelpet Law & Order Police Station, Guntur, on 12.11.2000, alleging that he has subscribed to a chit of Rs.1,00,000/- with Deepika Chits & Leasing Finance Limited and paid the total monthly subscriptions. Despite completion of the chit period and payment of monthly subscriptions, the company failed to pay him the amount to which he is entitled. It was also alleged that he deposited a total amount of Rs.5,04,000/- in the form of Fixed Deposits and despite the same having matured, the company has failed to repay the amounts. Basing on the said report, a case in Crime No.388 of 2000 has been registered on the file of Arundelpet Law & Order Police Station, for the offence punishable under Section 420 I.P.C. After due investigation, the police filed charge sheet against the accused for the offences punishable under Sections 406 & 420 r/w 34 I.P.C., Sections 5 and