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2022 (7) TMI 207
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....torney Holder of respondent Nos.2 and 3 herein, Mr. Nikhil Baheti, gave a complaint to the Police, CCS, DD, Hyderabad against the petitioners herein and other accused on 22.12.2016 and the contents of the said complaint are as follows: i) Respondent Nos.2 and 3 are the shareholders with 13.32% shares each in M/s. Teckbond Laboratories Private Limited, Hyderabad, which is hereinafter referred to as 'the Company'. ii) The said Company is being managed by the Managing Director and the Director, Mr. T. Bosebabu and Mr.C. Sanjeeva Baba, accused Nos.2 and 1 respectively. iii) Respondent Nos.2 and 3 have invested in the said Company based on Share Purchase and Shareholders Agreement (SPSHA), dated 27.01.2014 entered among the said Company, respondent Nos.2 and 3 and the Shareholders of the said Company. iv) As per Clauses - 5.4 and 5.5 of the Company, the Company shall not take any kind of decision by or for and on behalf of the Company whether in the Board Meeting or in the meeting of the shareholder or otherwise, unless and until such decision has been approved by the Investors in writing. v) Due to the poor and mismanagement of the Board represented by accused Nos.1 and 2, th....
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....o existence by altering the original resolution without any authority and by producing as if accused No.1 has power to register the sale deed. x) The said document was brought into existence without the consent and knowledge of respondent Nos.2 and 3 by playing a mischief so as to cheat them knowing the fact fully well that it will not create any absolute title to the purchaser except to cause loss to respondent Nos.2 and 3 and their intention was to conciliate the property being valuable security to make use of the same before the Authorities and the Banks to obtain loan and to manage the property. Thus, the said sale deed is a forged document, and all the accused including the petitioners herein have committed aforesaid the offences. 5. With the aforesaid allegations, he requested the police to take necessary action against the accused including the petitioners herein. 6. On receipt of the said complaint, the Police have registered a case in Crime No.272 of 2016 under Sections - 420, 406, 465, 468 and 471 read with 34 of IPC, and proceeded with investigation. 7. During the course of investigation, the police have examined as many as 14 witnesses of which, LW.1 is the complai....
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.... of the Company, the date was sought to be extended. Thus, the completion of transaction after the expiry of long stop date and waiver of requirement for getting no due certificate etc., are purely contractual in nature. More so, it was solely the responsibility of the shareholders and the Company to fulfill the conditions precedent and that the requirement of a stipulation for a long stop date was actually for the benefit of the purchaser, to take a decision as to withdraw from the agreement or not, upon fulfillment / nonfulfillment of the conditions precedent. iii) Learned senior counsel would also submit that in the Extraordinary General Body Meeting dated 16.04.2016, the shareholders have given the power to accused No.1 to negotiate, settle the terms and conditions and the most advantageous price subject to a minimum of Rs.16.00 Crores for sale of the Company's property bearing Sy.Nos.168, 170A, 170AA, 173/1 and 171/1A, situated at Anantharam Village, Jinnaram Mandal, Medak District, having an area of Acs.7.5 guntas and to sign and execute the requisite sale agreement, sale deed and such other documents as may be found necessary, modify and amend the documents so executed whe....
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....nder Section - 161 of the Cr.P.C. and then only filed the charge sheet. The learned Magistrate having gone through the contents of the charge sheet and having found prima facie case against the petitioners herein and other accused with regard to the commission of offences, took the cognizance of the aforesaid offences and issued summons. Further, the defences taken by the petitioners cannot be considered at this stage in a petition filed under Section - 482 of the Cr.P.C. and the same have to be tried and decided by the trial Court after full-fledged trial. With the said submissions, he sought to dismiss the criminal petition. 11. Learned Public Prosecutor would contend that after receipt of the complaint and on registration of FIR, the Investigating Officer has conducted investigation. During the course of investigation, he had collected the material and recorded the statements of the witnesses under Section - 161 of the Cr.P.C. The Investigating Officer has considered all the aspects and then only filed the charge sheet against the petitioners and other accused for the aforesaid offences. With the said submissions, he sought to dismiss the criminal petition. 12. In view of the ....
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....und to quash the criminal proceedings. The only test which has to be adopted is to find out as to whether the allegations in the complaint disclose the criminal offence or not. 15. In support of his contentions, learned Senior Counsel has relied upon the following decisions: i) In Hridaya Ranjan Pd. Verma rendered by the Apex Court, the accused did not disclose to the complainant that one of their brothers had filed a partition suit which was pending as on the date of execution of sale deeds by them in favour of the complainant in respect of the property. The facts of the said case are totally different to the facts of the case on hand and the said decision does not helpful to the petitioners. ii) In Sushil Sethi v. The State of Arunachal Pradesh (2020) 3 SCC 240 rendered by the Apex Court, the accused provided inferior quality material in contravention with the provisions of the contract which stipulated specific percentages of nickel and chromium to be used. Then, the complainant lodged a complaint on which, the Investigating Officer examined the case and filed the charge sheet. In the said case, the accused therein alleged that they were not aware about the filing of the FI....
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....d above, prima facie, there are specific allegations made by respondent Nos.2 and 3 in their complaint and the Investigating Officer having conducted investigation by collecting the material and recording the statements of the witnesses under Section - 161 of the Cr.P.C. and considering the same, filed the charge sheet. Truthfulness or otherwise of the allegations are not fit to be gone into at this stage as it is always a matter of trial as held by the Hon'ble Supreme Court in Kamal Shivaji Pokarnekar v. The State of Maharashtra AIR 2019 SC 847, wherein the Apex Court has categorically held that quashing criminal proceedings was called for only in a case where complaint did not disclose any offence, or was frivolous, vexatious, or oppressive. If allegations set out in complaint did not constitute offence of which cognizance had been taken by Magistrate, it was open to the High Court to quash the same. It was not necessary that, a meticulous analysis of case should be done before trial to find out whether the case would end in conviction or acquittal. If it appeared on a reading of the complaint and consideration of allegations therein, in light of the statement made on oath that t....