LAWS(APH)-2022-3-46

N.GOPINATH Vs. STATE OF ANDHRA PRADESH

Decided On March 22, 2022
N.Gopinath Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 Cr.P.C. seeking to quash the F.I.R.No.374/2020 dtd. 12/8/2020 registered on the file of the Dwaraka police station, Visakhapatnam District under sec. 420 of IPC.

(2.) The petitioners are accused in Crime No.374/2020 of Dwaraka police station, Visakhapatnam city. The defacto complainant/R2 made a complaint to the Inspector of police, Dwaraka police station, Visakhapatnam city on 12/8/2020 and the respondent-police have registered a case under sec. 420 IPC. Assailing the said F.I.R, the present petition is filed under sec. 482 Cr.P.C to quash the same.

(3.) The main grounds raised in assailing the F.I.R.No.374/2020 is that the petitioners are the Managing Director and Director Finance of Newton Engineering and Chemicals Ltd, the amounts are transferred to the account of the company i.e. Newton Engineering and Chemicals limited that the defacto complainant made a complaint against the petitioners without making the company as a party which is contrary to the ratio decided by the Hon'ble Apex Court in catena of judgments.