KAMAL KISHORE BIYANI Vs. SHYAM SUNDER BUNG

JUDGEMENT

(1.) THE order dated 03 -8 -2012 in Crl.M.P.No.2250 of 2011 in C.C.No.614 of 2004 on the file of the II Additional Chief Metropolitan Magistrate, Hyderabad, is assailed through the present revision. The petitioner, who is accused No.1, laid the petition under Sections 227, 239, 245 and 258 Cr.P.C for his discharge in C.C.No.614 of 2004. Through a detailed order, the learned II Additional Chief Metropolitan Magistrate, Hyderabad, dismissed Crl.M.P.No.2250 of 2011.

(2.) A private complaint was lodged by one Shyam Sunder Bung before the IV Metropolitan Magistrate, Hyderabad, alleging that 3 accused committed offences under Sections 468, 471, 476, 477A, 419 and 420 IPC. Accused No.1, who is the petitioner herein, is the authorized representative of M/s. Mantri Finstock Limited (Accused No.2), Hyderabad Branch. He looks after the affairs of accused No.2. It is the case of the de facto complainant that accused No.1 is involved in the day to day transaction on behalf of accused No.2. Accused No.2 is a Member of Mumbai Stock Exchange. Accused No.3 is the Managing Director of accused No.2.

(3.) IT is the case of the de facto complainant that accused No.1, after selling the shares through accused No.2 to him, obtained duplicate share certificates from M/s. Goldstone Engineering Limited. The accused 1 to 3 allegedly conspired thereafter and sold duplicate shares in open market to third parties forging the signature of the de facto complainant and thus deceived him causing loss of lakhs of rupees to him.