IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION Nos.7885, 7949, 7950 & 7951 of 2007 DATE:08.07.2010 Crl.P.No.7885 of 2007 Between: Govindlal Bajaj …… Petitioner And: The State of A.P., rep. By its Public Prosecutor and others. …..Respondents Crl.P.No.7949 of 2007 Between: Govindlal Bajaj …… Petitioner And: The State of A.P., rep. By its Public Prosecutor and others. …..Respondents Crl.P.No.7950 of 2007 Between: Govindlal Bajaj …… Petitioner And: The State of A.P., rep. By its Public Prosecutor and others. …..Respondents Crl.P.No.7951 of 2007 Between: Govindlal Bajaj …… Petitioner And: The State of A.P., rep. By its Public Prosecutor and others. …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION Nos.7885, 7949, 7950 & 7951 of 2007 COMMON ORDER: In this batch of four cases, the 2nd accused (A-2) who is accused of offences under Sections 420 and 406 I.P.C along with others, seeks relief from four criminal cases on the ground that he ceased to be Director of Asra India Savings and Investments Limited by resigning therefrom on 16.08.1995. 2) Subject matter of these four criminal cases relate to collection of deposits by Asra India Savings and Investments Limited in their branches at Gajuwaka and Visakhapatnam, from several investors during the years 1998 and 1999 and non-repayment of the maturity amounts during the years 2002 and 2003. Even as per allegations in the charge sheets, branches of Asra India Savings and Investments Limited at Gajuwaka and Visakhapatnam were opened in the year 1996. Business in those branches started thereafter. 3) It is the petitioner’s contention that since he ceased to be a director of Asra India Savings and Investments Limited in the year 1995 itself before starting of branches at Gajuwaka and Visakhapatnam in the year 1996 and before collection of deposits from the victims during the years 1998 and 1999, he cannot be prosecuted for non payment of the matured deposits during the years 2002 and 2003. It is well settled law that allegations in the charge sheet are alone criteria for deciding whether the prosecution is to be continued or not. At the same time, it is open for the petitioner/accused to produce and rely upon un-questionable or un- disputable documents in support of his contention. 4) The petitioner/A-2 produced copy of Form No.32 issued by the Registrar of Companies, Hyderabad, relating to Asra India Savings and Investments Limited. It shows that the petitioner/A-2 by name Govindlal Bajaj resigned from directorship of that company on 16.08.2995 and the said information was received in the office of Registrar of Companies, Hyderabad on 05.03.1998. In that view of the matter, prosecution of A-2 in all these cases is not sustainable in law. 5) In the result, all the four petitions are allowed quashing proceedings in C.C. No.140 of 2004 on the file of VIII Metropolitan Magistrate, Gajuwaka, Visakhapatnam, C.C. No.421 of 2004 on the file of VIII Metropolitan Magistgrate, Gajuwaka, Visakhapatnam, C.C.No.253 of 2005 on the file of II Additional Chief Metropolitan Magistrate, Visakhapatnam and C.C.No.350 of 2006 on the file Judicial Magistrate of the First Class, Tuni in so far as the petitioner/A-2 is concerned. _______________________________ SAMUDRALA GOVINDARAJULU, J July 8, 2010 KSH