S KOTESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in Criminal Petition Nos.2494 of 2007, 2541 of 2007, 2542 of 2007, 2543 of 2007 and 2544 of 2007 is A1 in Crime Nos.273 of 2001, 282, of 2001, 159 of 2002, 158 of 2008 and 283 of 2001 respectively and he is the petitioner in Criminal Petition Nos.2677 of 2007 to 2682 of 2007 in which he is A3 in Crime Nos.74 of 2003, 75, of 2001, 76 of 2002, 77 of 2003, 78 of 2003 and 105 of 2003 respectively of Central Crime Station, Tirupati relating to offence punishable under Section 420 IPC. The 2nd respondents/complainants in these petitions filed private complaints in the Court of II Additional Judicial Magistrate of the First Class, Tirupati against the petitioner and others.

(2.) It is alleged that petitioner and other accused were all doing business in real estate and house plots under the name and style of M/s. Navya Chaitanya Housing Private Limited and that the accused gave wide publicity in newspapers about they starting a venture for allotting house plots of 50 ankanams (equivalent to 200 sq. yards) each in S.Nos.88, 95, 98, 100, 101, 102, 105. 106, 108 and 110 of Pudipatla Village on easy installments for convenience of middle class people and that believing words of the accused the complainants joined as members in M/s. Navya Chaitanya Housing Private Limited, Tirupati and that each of the complainants paid huge amounts towards installments after originally paying lump sum amount in 1st installment and that the complainants paid at the rate of Rs.55,000/- for each plot towards its full value and paid Rs.7,000/- for each plot towards betterment charges and that the complainants have been demanding to register the plots allotted to them at the time of taking membership and that subsequently the accused changed their business name as Brunda Housing Private Limited and shifted their office from Prakasam Road to Rayalacheruvu Road and have been threatening the complainants saying that there is no Navya Chaitanya Housing Private Limited in existence, and that the accused also threatened the complainants with dire consequences intentionally and dishonestly to get wrongful gain to them and thereby the accused cheated the complainants. The complainants filed passbooks, receipts, etc., relating to payment of installments. The Magistrate referred the private complaints to Central Crime Station, Tirupati for investigation and report under Section 156(3) Cr.P.C; and the police registered those referred complaints as cases in Crimes, issued F.I.Rs and took up investigation.

(3.) It is contended by the petitioners' Counsel that the petitioner was Managing Director of M/s. Navya Chaitanya Housing Private Limited till 15/3/1997 and that he resigned as Managing Director and it was accepted by the Board of Directors of that company and that it was also notified to the Registrar of Companies who issued Form No.32 mentioning the said change and that the petitioner also gave publication in Andhra Jyothi Daily Newspaper about his resignation letter dated 10/3/1997 and that as on 5/11/1998 which is the date mentioned by the complainants for demanding for registered sale deeds, the petitioner was not in the company and that no specific acts were alleged against him to attract provisions of Section 420 IPC. The petitioner filed copy of Form No.32 issued by the Assistant Registrar of Companies, Andhra Pradesh, Hyderabad and it shows that A2 resigned voluntarily to the post of Managing Director of M/s. Navya Chaitnayana Housing Private Limited as well as life time Directorship with effect from 15/3/1997. The petitioner also filed paper publication given by his Advocate to the above effect.