T. SIDDARTHA RAO Vs. LAVANYA LEWIS AND ORS.

JUDGEMENT

(1.) The petitioner is sole accused of Crime No. 210 of 2012 of Kharkana Police Station, Secunderabad registered for the offences punishable under Ss. 420 and 406 of IPC on the report of the first respondent defacto complainant. He sought for quashing of proceedings of the said crime pending.

(2.) The averments of the report of the defacto complainant dated 14.12.2012 in nutshell are that the accused is no other than the brother of defacto complainant -Mrs. Lavanya Lewis represented by GPA holder Pretham Powaku of Secunderabad. That she is working in a Multinational Company in Texas and in order to support her brother and from his interest to establish a company without any financial investment, she helped him by investing the entire amount which she was remitting to Bank accounts from her account and company account of MFK LLC, Chase Bank, account No. 00000746517416 from USA, but, however he has been mentally harassing her for money and threatening to stop the process of US work and also harassing the ex -employees to extract money. That in February, 2011, she visited India and set up a pilot programme of operational activities of the business with a clear intention to support her brother and mother and entire amount remitted to their Bank accounts SBH A/c. No. 52001012362 and ING Vysya Bank from USA and not a single penny invested by them. Moreover, even operational expenditure was sent by her and has been spent by them and all the work and other assignments, she had diverted to the company and efforts made by her in its improvement ignoring about the setting up the pilot programme as consultants and the activities included Finance and Accounting Human Resource Management, Commission optimization, inventory optimization, MIS and Reporting, Sales Force Efficacies, Training, Analytical and Research, Security and Surveillance and Process Reengineering for domains of telecommunications and its wireless retail industry. That in May, 2011, knowing the dynamics of the business, her brother envisaged his interest to start a private limited company keeping himself and her mother as directors at the captioned address with approx. 4000 square feet in the family interest, she demanded rent of INR 35,000/ - per month and the entire expenditure of incorporating the company was provided by her and her brother and mother made no contribution and the expenses for the incorporation sent to the consultants viz. M/s. Radhika of ICICI Bank account No. 006901514461 directly from her and the reason being her personal experience of his financial mis -dealing from February to April, 2011 and the shares allotted to her brother and mother have purely academic and compliance interest and they do not have any investment bearing Annexure -9. Subsequent to incorporation on 10.05.2011, on the feedback of her consultant Mrs. Preetham supra suspected gross mis -utilisation of funds sent by her and she asked her brother of the financial transactions account for the company and this is where the relation with him started deteriorating. He could not distinguish personal and professional relations and started harassing the staff who were hand picked and chosen by her to bend her resolve and divert the focus from financial issues to administrative related issues and with the help of her father Mr. A. Rao who has been her mentor and supporter and also been involved in heading the Finance Department in USA office. On multiple conversations on phone with her brother with respect to the financial/employee harassment issues and thereafter he had assured her to mend his ways. That she visited India on 22nd June, 2012 for personal monitoring, day to day work, events and other matters and keeping away her from busy schedule in the USA, this visit was unscheduled and could have been monitored from US itself. Keeping in view of the volatile situation here she was forced to spend huge amounts in air tickets and also leaving her infant son and family to solve issues in India. This shows the incompetence of handling any organization by her brother. That having addressed all the issues and personally taking a guarantee that those sort of issues will not be repeated, she had turned back not totally convinced and in lieu of these developments they increased monitoring levels even more and in the month of 7th June, 2011, he sent the details of the secondary account of SBH No. 62189507955 and in July, 2011, she planned to move the office to a separate location because of her brothers misconduct and big headedness towards employees and in July/August, 2011, they started to have issues with him. There he too took an opportunity to show his personal grudge against the managers and leads who was reporting his incapability of his administration and started unfolding the events, that in August, 2011, she finished six months of operation and it was the appraisal time for all employees and he was always part of the employment, he was demanding to raise his salary to 15%, even after he was an under performer and never active in the operations of the company and under the influence of the brotherhood, she had to raise his salary to 15% from 7%. It is further averred that he started having huge differences between employees and management of USA and she had to come to India on 19.10.2011, to resolve the issues and she has made up her mind to get separated and make a subsidiary of her own and she stated one of the situation where her brother started projecting unnecessary expenses on capital in nature like generator worth ten lakhs shows that he was completely depending on her for any kind of expenditure and all the operational and management decisions were taken by her and he had no say in this whatsoever.

(3.) Considering all the above controversies with her brother, the defacto complainant requested Mr. Preetham Powaku to be part of the non operations on the full time basis from November, 2011. During the course of his consultation from February to November, 2011, some of the equipment purchased from personal accounts of Mrs. Radhika Powaku W/o. Preetham Powaku and the equipments purchased from personal accounts were also confiscated by her brother forcibly and should account as theft in the Court of law and these remittances made by her from MFKLCC Chase Bank Account No. 00000746517416 were to pursue the pre -incorporation expenses and also certain amount was given to her brother for the share capital investment. Due to her brothers wrong attitude and gross misutilisation of funds, they started rethinking the dealings with him and wanted to get independent and she asked her to settle all the accounts with her i.e., equipment purchased by her during her visits in India and money sent in all capital equipment and in February, 2012, the accused (her brother) started blackmailing and threatening her to through all the employees out and actually locked the gates and when the employees had to come to work the next day, he tried to physically push the employees and he misutilized the funds sent to him and wanted the GPA holder and key employees to aid him for his unlawful activities and asked the auditor to misappropriate the books of account and upon their refusal he started harassing the employees physically and mentally.