LAWS(TLNG)-2022-4-35

J. V. MOHAN Vs. STATE OF TELANGANA

Decided On April 06, 2022
J. V. Mohan Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This petition is filed by the petitioner-A1 under Sec. 482 Cr.P.C. to quash the proceedings in CC No.57 of 2016 on the file of XII Additional Chief Metropolitan Magistrate, Hyderabad.

(2.) The case of the petitioner was that he was the elder brother of respondent No.2 and also one of the founder Directors of M/s. Flytech Aviation Limited and resigned from the company on 6/6/2007. The respondent No.2 lodged a complaint against him alleging that since January 2007, the petitioner was indulging in immoral activities. The petitioner submitted that on appeal by his wife Smt. Sunitha Shakelli, his family members intervened on her behalf and estranged him. As such in June 2007, he cut himself off from his siblings as well as his own marital family and resigned as director of Flytech Aviation Limited.

(3.) He further submitted that Flytech Aviation Limited (FAL) was engaged in providing Commercial Pilot Training and Aircraft Maintenance Engineering to the students. The respondent No.2 owns 69% of the shares in M/s FAL, their sister Smt. Mamatha Kota owns 26% of the shares in the M/s. FAL and the rest 5% was owned by the others shareholders. M/s.FAL owns 4 training Cessna Aircrafts and for the maintenance of the aircrafts, M/s FAL imports aircraft spares from M/s.Sigma Resource Group Inc, USA. At the time of import, they would avail exemption from customs duty. Incidentally, M/s Sigma was a company solely owned by respondent No.2. The respondent No.2 was also the sole owner of M/s.Ariel Technologies and M/s.One LLC and all the companies were based in USA. In the year 2006, M/s.FAL bagged the contract from MCH for installation and running of 15 LED Boards at various traffic junctions at Hyderabad. Pursuant to the above, M/s FAL imported 180 Video Display Panels for the purpose of erecting 5 LED Boards from M/s Sigma in the month of August and October 2006. Sigma in turn purchased the same from M/s Benson International and Strong Base Investment, Hong Kong. M/s Sigma issued 2 invoices in favor of M/s FAL for 180 LED Panels indicating a total value of US $ 81,000. M/s FAL also imported one huge Aerophile Helium Balloon from UK in January 2007.