M.NAGESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case is filed under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/accused No.2 aggrieved by the order dtd. 18/3/2023 in Crl.M.P.No.1000 of 2021 in C.C.No.766 of 2016 on the file of the learned XVII Additional Chief Metropolitan Magistrate, Nampally, Criminal Courts, at Hyderabad, refusing to discharge the petitioner.

(2.) Heard. Perused the record.

(3.) Briefly the case of the prosecution is that in the month of February, 2012, accused Nos.1 and 2 approached the defacto complainant and represented that accused No.1 is the Managing Director of M/s. Sanga Mitra Arts Pvt. Ltd. and that they have produced Telugu Movie 'Panja' which became a major hit at box office, yielding huge profits and they can repeat such success. It is further alleged that as accused Nos.1 and 2 induced the de facto complainant to invest in film production, he gave sum of Rs.37.00 lakhs which was invested in the movie 'Alias Janaki'. It is further alleged that Memorandum of Understanding and agreements were executed on 8/8/2012, 9/4/2013 and 25/7/2013 in respect of financial transactions regarding return of amount to the de facto complainant for any alleged violations of terms of agreement. Accused No.1 issued (05) cheques towards discharge of liability, bearing Nos.58227, 5822, 582289, 582308 and 582309 for a sum of Rs.57.00 lakhs drawn on IDBI Bank, Banjara Hills Branch, which when presented by the de facto complainant were dishonoured.