KAVITHA GOEL Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Criminal Petition No.3362 of 2019 is filed by A2 and A3 and Criminal Petition No.3371 of 2019 is filed by A1 seeking to quash the proceedings in C.C.No.109 of 2018 on the file of XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. Since petitioners are accused in the same case, they are being heard together and disposed by way of this Common Order.

(2.) The case of the 2nd respondent/defacto complainant is that the petitioners are directors of M/s.Tanmayee Industries Limited. The company availed credit facilities by mortgaging a property as collateral security for availing loan and the total outstanding stands at Rs.37,79,55,282.00. The grievance of the 2nd respondent/defacto complainant is that the petitioners/A1 to A3, who are the Directors of the Company signed on the documents on which the signatures of the defacto complainant were forged and mortgaged the landed property with the Bank, of which he is also the owner. The property was the combined property of A1 and the complainant, to an extent of Acs.2.26 1/2 guntas in Mahabubnagar District.

(3.) The case of the petitioners is that the defacto complainant had in fact gone to the Bank and handed over the documents and also singed in the concerned forms and register. Further, A2 and A3 are sleeping directors of the company and have never taken part in the day to day affairs of the company. The charge sheet does not reflect that any of these petitioners have fabricated the signatures of the defacto complainant.