T.K.SRINIVASAN Vs. STATE OF A.P

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused No.4 under Sec. 482 of Criminal Procedure Code (for short 'Cr.P.C.') seeking to quash the charge-sheet against him in CC No.46 of 2017, which is split up from CC No.85 of 2012, on the file of the learned XII Additional Chief Metropolitan Magistrate, Hyderabad.

(2.) Heard Sri Mohd.Azhar, learned Counsel the petitioner and Sri Vizarath Ali, learned Assistant Public Prosecutor, representing learned Public Prosecutor for the State/respondent.

(3.) The main accusation against the petitioner in CC No.46 of 2017 was that the petitioner, being an advocate and notary public, notarized signatures on share transfer 7-B Forms, which were showing alleged transfer of shares 10,000, 15,400 and 55,400 on 25/9/2002, 30/9/2002 and 6/11/2002 respectively pertain to LW3 to LW1's firm M/s.Transgene Biotek Limited by accused No.3 in lieu of hand loan of Rs.25,00,000.00 taken by A1. Further, the signatures therein of LW3 were disputed and hence, they wrote a letter dtd. 8/10/2002 to the petitioner to confirm attestation but no reply was reciprocated. Subsequently, accused No.3 sent legal notice dtd. 10/10/2002 to LW1's firm requesting to effect the transfer of shares but the respondent No.2 company gave reply stating that the signatures of LW3 on the share transfer certificates were forged and requested to take action against the concerned persons. Accordingly, Crime No.496 of 2003 for the offences punishable under Ss. 406, 419, 420, 465, 468 and 471 of Indian Penal Code (for short 'IPC') read with Sec. 156(3) of Cr.P.C., on the file of SR Nagar Police Station has been registered. As per the contents of charge-sheet, it is the allegation of the prosecution that the petitioner along with other accused facilitated the occurrence of offence in furtherance of common intention of cheating and forgery by attesting 7B share transfer forms in the absence of share transferor and witnesses.