K, SHASHI KANTH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') to quash the proceedings against the petitioner/accused No.4 in F.I.R No.28 of 2024 of Police Station Economic Offences Wing, Cyberabad, registered for the offences punishable under Ss. 406 and 420 of Indian Penal Code, 1860 (for short 'I.P.C') and Sec. 5 of the Telangana Protection of Depositors of Financial Establishments Act, 1999 (for short 'TSDFEA').

(2.) Heard Smt C. Vasundhara Reddy, learned counsel for the petitioner and Sri D. Arun Kumar, learned Additional Public Prosecutor appearing for the 1st respondent-State.

(3.) The petitioner herein is accused No.3 in the said crime. According to learned counsel for the petitioner, the petitioner is not a partner of the partnership firm and he is only a mediator. As such, Sec. 5 of TSDFEA is not applicable. Learned counsel relied on the order of the trial Court in CrlM.P.No.2039 of 2024 in Cr.No.28 of 2024 wherein it is clearly observed that accused No.2 is not a firm and there is an observation that there is no partnership firm. As such, Sec. 5 of TSDFEA is not attracted to the petitioner.