TECHSMART INDIA PVT.LTD. Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners in Crime No.545 of 2015 of Banjara Hills Police Station, Hyderabad, registered for the offences punishable under Ss. 406 and 420 of the Indian Penal Code, 1860 (for short 'IPC').

(2.) The brief facts of the case are that on 14/5/2015, a complaint was received from Sri Satish Vanthair, Vice President of Mphasis Ltd, stating that Techsmart India Pvt. Ltd, along with its Managing Director Ponduri Venkata Staya Kumar, Additional Director Venkata Janardhana Kutchu, and Director Vidya Ponduri, approached Mphasis Ltd claiming they had been awarded a contract by the Commissioner of Civil Supplies Department, Government of Andhra Pradesh, and Registrar, UIDAI. They persuaded Mphasis Ltd to enter into a teaming agreement on December 10, 2010, to jointly deliver services. Mphasis Ltd invested Rs.14.6 crores and incurred significant costs for software development, implementation, and procurement of kits for UIDAI contract enrollment. However, Techsmart India Pvt. Ltd failed to deliver services, leaving an outstanding balance of Rs.8,07,61,097.00. Despite a settlement agreement, Techsmart India Pvt. Ltd paid only Rs.2,96,00,000.00, leaving a balance of Rs.5,52,00,000.00. The complainant alleged that Techsmart India Pvt. Ltd made false allegations, claiming they had paid the amount to M/s Jayani Software, a company registered and operated by them.

(3.) Heard Sri M. Abhinay Reddy, learned counsel appearing on behalf of the petitioners as well as Sri Syed Yasar Momoon, learned Additional Public Prosecutor appearing on behalf of respondent No.1-State and Sri M. Pranav, learned counsel appearing on behalf of respondent Nos.2 and 3.