Judgment · High Court
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- K SURENDER
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Judgment
Cause title
' COMPLAINANT/RESPONDENT Petition under Section 482 oI Cr'P 'C ' prayino that in the circumstances stated in the Memorand"""ttlti"ot ot c'i'inir pLtition' the High Court may t'-o""""aingt in C C'No 748 of 2017' pending be oleased to quash tf'" it-ii'i lI ir;?iiliit r iJJitionrr i,retroioritan Mag istiate at Hyderabad I.A. NO:1 OF 2019 Petition under Section 482 of Cr'P C I p.t"y.iT that in the circumstances stated in the Memorand"""ttro'"ot or cti'inir P-etition' the High Court may be oleased to stay all r'nntt ptl"l"Jingi in c c No 748 of 2017' pending on the I[ iiii oili,'"on jr rtl"t'oporitan Mas istiate at Hvderabad' This Petition coming on for hearing' upon perusing the Memorandum of Grounds of CriminJt Petition and upon hearing the arguments of
Sri VLADIMEER KHAiOON' Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No'1 and None Appeared for the Respondent No. 2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SURENDER P ON No.94O of 2019 c
ORDER:
This Criminal petition is fiIed under Secti by the petitioner/accused, seeking to quash the C.C.No.748 of 2OlZ pending on the fiIe of Metropolitan Magistrate, Hyderabad. on 428 of Cr.p.C proceedings in III Additional 2 Heardl. learned counsel for petitioner, Sri M.Vivekalanda Reddy, Iearned Assistant Public prosecutor for respondent No. 1 _ State artd learned counsel for respondent No.2. The al.tegation against the petitioner is that he was
working in Qatar Airways since 21.02.20rI as .Airport agent,. Thereafter, he was transferred to. Hyderabad city oflice on 21.08.2013. He was discharging his duties as ticketing agent. While auditing the accounts, it was known to the Company that art amount of Rs.12,g4,065/_ in I 1 different transactions on different dates between the period O2.O8.2O74 to 15.01.2015 were not cre, Cited account and to the Company,s service misappropriated. l I I I 2 The Company found that the entire amount was 4. misappropriated and converted to the own use of the petitioner and thereafter, the petitioner tendered resignation in Januaqr' 20t5. The complaint was filed on the basis that an amount of 5. Rs.12,84,065/- was misappropriated' However' only an amount of Rs. 1,50,00O/- was paid and the remaining amount was not paid. The complainant has filed proof of paymlnt of 6. Rs.1,5O,OO0/- on 05'O8'2015' He also transferred an amount of Rs.2,OO,O0O/- by way of RTGS on O9'O9'2O15 and the remaining of Rs.9,34,06 5 I - on 08'O2'2018' The entire outstanding amount to Qatar Airways is 7. already paid by the petitioner' On instructions' the learned Assistant Public Prosecutor would submit that the Qatar Airways has only one out-let in the airport and others were closed' Keeping in view the undisputed fact that the entire 8. outstanding amount was paid' and since the offence under Sections 408 and 42o of I.P.C-, are compoundable offences, no useful purpose would be served' if the proceedings are permitted to go on before the trial Court' T 3 9 The Criminal Petition is a-llowed. No costs. Miscelianeous applications, if any pending, shall also stand closed To, //TRUE COPY" Sd/. MOHD.ISMAIL ASSISTANT REGIST, AR SECTION OFFICER HYderabad' 1 The Court ol lll Additional Chief Metropolitan Magistrate at Nampally' 2. The Station House Officer' Banjarahills Police Station' Hyderabadi 3. The state of rerangana, Rep., by its pubric prosecutor, High (lourt 4. One CC to SRI VLADIMEER KHATOON Advocate IOPUCI 5. Two CD Coptes o HYderabad' Pcsd/gh -, i,: i, r,q i{- -..4 -4.- .l ii /.-.' ,'1 2l,itii Zozs t Z o 'i. ,,. .. '\ ..- i ,i i.,1.Ic\1 * HIGH COURT DATED:2910112025 I t, l, :,1 ORDER CRLP.No.94O of 2019 ALLOWING THE CRIMINAL PETITION ,{
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