S. GOPALAKRISHNAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This petition is filed by the petitioner - A4 under Sec. 482 of Cr.P.C. to quash the proceedings in C.C. No.127 of 2013 on the file of the Special Judge for Economic Offences-Cum-Additional Metropolitan Sessions Judge, Nampally, Hyderabad.

(2.) The case of the petitioner, in brief, was that the respondent No.2 filed a complaint under Sec. 621 of the Companies Act, 1956 (for short 'the Act') alleging that in pursuance of investigation under Sec. 235(1) of the Companies Act, 1956 into the affairs of M/s.Global Trust Bank, it was found that the promoters of the company namely, accused Nos.1 to 3 had concealed material facts and committed various irregularities. The petitioner (A4) during the relevant period i.e. 2000-2001, being the statutory auditor of M/s.Global Trust Bank falsified the accounts and failed to fulfill his statutory duty as per the Act. The petitioner was the signatory to the balance-sheet for the relevant financial year i.e. 1999-2000 and was liable for penal action under Sec. 233 and Sec. 628 of the Act. On the above allegations, a complaint was filed against the petitioner and others under Sec. 621 of the Act for the offence under Sec. 628 of the Act for filing false and wrong balance-sheet.

(3.) Heard the learned counsel for the petitioner and the learned counsel representing the Assistant Solicitor General for the respondents.