LAWS(TLNG)-2018-3-5

TERE NEHEMIAH Vs. STATE OF A.P.

Decided On March 29, 2018
Tere Nehemiah Appellant
V/S
STATE OF A.P. Respondents

JUDGEMENT

(1.) This petition is filed under Sec. 438 of Criminal Procedure Code (for short "Cr.P.C.") by accused No.8, apprehending his arrest, in Crime No.119 of 2011 on the file of Nellore II Town Police Station, Nellore District, registered for the offences punishable under Ss. 406, 420 and 120-B of Indian Penal Code (for short "I.P.C.") and Sec. 5 of A.P. Protection of Depositors of Financial Establishment Act, 1999 (for short "I.P.C.") to direct the Station House Officer, Nellore II Town Police Station to release him on bail in the event of his arrest in connection with the above crime. The petitioner is accused No.8 in the above crime.

(2.) The defacto complainant lodged report with the police alleging that the complainant was informed that in her locality that New Vision Foundation will repay Rs.60,000.00 in six months duration on payment of cash of Rs.12,000.00. Defacto complainant was induced by the words of the petitioner, paid Rs.12,000.00 and obtained receipt. Similarly, her daughter Rishitha, sister Kunda Sujatha, her sister's daughter Eduri Meri, distant relatives Vendoti Velangini, Goda Penchalaiah and some others paid Rs.12,000.00 each, in all they paid Rs.3,50,000.00 to the said institution run by Raghuram, Kiran, Lakshmi, Madhavi, Rani, Nagamani and others, who are related to the New Vision Foundation and after expiry of period of six months, they did not repay the amount. The petitioner, who is connected to New Vision Foundation along with others collected huge amount from the defacto complainant and her relatives.

(3.) The main contention of the petitioner is that no allegation is made against the petitioner to enrope with the offence punishable under Ss. 406, 420 and 120-B of I.P.C. and Sec. 5 of the Act and that the petitioner or New Vision Foundation is not a financial establishment within the definition of the Act, even if the allegations made in the complaint, if accepted, the New Vision Foundation and its members are alone responsible for the offence. Consequently, this petitioner is not liable for any of the offence and prayed to enlarge the petitioner on bail.