POGULA HARITHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to, as 'BNSS') seeking to quash the proceedings in S.T.C.NI. No.49 of 2024 on the file of the VIII Additional Judicial Magistrate of First Class, Medchal at Athevelly.

(2.) Facts giving rise to filing of the criminal petition briefly stated are that respondent No.2/de facto filed complaint under Sec. 200 of the Code of Criminal Procedure, 1973, wherein it is averred that he is having cordial relationship with the husband of the petitioner, namely, Pogula Naveen Kumar, since more than two decades. The petitioner and her husband approached him with a business proposal i.e., to engage into the manufacturing and sale of various chemicals, pharmaceuticals and botanical products. The petitioner and her husband registered a company under the name and style of 'Acquire Labs Private Limited' on 11/10/2019. In the said company, the petitioner is one of the Directors, who holds cheque power and he is second Director and one Mr. Katta Durga Reddy, who is his brother-in-law, is also third Director. Subsequent to establishing of the above said Company, the petitioner compelled him to adjust the substantial amount i.e., more than Rs.1.00 Crore on multiple instances by selling his hard earned properties and through several other sources, believing that the said funds would only be exclusively utilized by the petitioner only to fortify the company. After receiving the above said amount, the petitioner and her husband have turned up and started showing their true colors by postponing one pretext or the other, when he requested the petitioner and her husband to submit all the accounts/statements with regard to the turnover of the company. In spite of the same, the petitioner has not furnishing the statements of 2021-2022.

(3.) Heard Mr. K. V. Bhanu Prasad, learned Senior Counsel representing Mr. Kothapalli Sai Sri Harsha, learned counsel for the petitioner/accused, Mr. G.V.S. Ganesh, learned counsel for respondent No.2 and Mr. Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent No.1 - State. Submissions of learned counsel for the petitioner: