THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.7719 OF 2009 Date: 07.12.2011 Between: N.Venkateshkumar Tilak …..Petitioner And The State of Andhra Pradesh, rep. by S.H.O., II Town P.S., Rajahmundry, E.G. District, Rep. by Public Prosecutor, High Court of A.P., Hyderabad and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.7719 OF 2009 ORDER: Heard Sri K.Ramesh Babu, the learned counsel for petitioner and the learned Additional Public Prosecutor. 2. Petitioner herein is accused No.7 in C.C.No.2 of 2002 on the file of the Court of II Additional Judicial First Class Magistrate, Rajahmudry, East Godavari District (trial court). The offence alleged in the above case is one punishable under Section 420 read with Section 34 of Indian Penal Code, 1860. There are altogether eight accused in the above case. Accused No.1 is the Managing Director of a company called Midwest India Industries Limited and accused Nos.2 to 7 are said to be various officials of the said company. The present petitioner/accused No.7 is said to be the Branch Manager of said company. The allegation is that all the petitioners have collected deposits from the general public and cheated them by not returning them their money. 3. The plea of the petitioner is that he has no controlling interest in the company and he is only an employee and he collected the amounts on behalf of the company. The charge sheet shows that he is also responsible for collection of deposits and not returning them. Prima facie there are allegations against the petitioner and this Court cannot come to any conclusion about the guilt or innocence of the petitioner basing upon his plea that he is only an employee of the company. In these circumstances, I regret that I am unable to agree with the contention of the learned counsel for petitioner that there is no case made out against the petitioner and accordingly his plea for quashing the above case is rejected. 4. Accordingly this criminal petition is dismissed. It shall be open for the petitioner to make an application for discharge before the trial court, if he is so advised. ___________________________ JUSTICE N.RAVI SHANKAR 7th December, 2011 Tjmr THE HON’BLE SRI JUSTICE N.RAVI SHANKAR CRIMINAL PETITION NO.7719 OF 2009 DATE: 07.12.2011