“Further after verifying the documents, a letter addressed to the Public Prosecutor, Hon’ble III ACMM, Hyd., with a request to furnish the legal opinion to proceed further investigation in this case. After pursuing the documents pertains to this case, the Public Prosecutor opined that as per SEBI guidelines the accused have not violated any rules of SEBI, they strictly followed the guidelines of SEBI accordingly the equity shares were transferred in favour of complainant. The value of the equity shares is not criteria as per MOU the accused have to transfer five lakh equity shares irrespective of their value. If any loss is caused to the complainant it will not attract the offence of cheating U/s 420 IPC. For the loss caused to them the complainant has to approach the competent civil court for relief. In view of the above the allegations of the complainant are purely civil in nature it will not constitute any criminal offence. Thereby advised to close the CD file on the ground of the allegations are civil in nature with the permission of higher officials. After verifying case file, the Public Prosecutor opined that the case may be referred as mistake of fact, I also obtained permission from the Assistant Commissioner of Police, Hyd., Punjagutta Divn., Hyd., to refer this case as Civil in Nature and in this regard a notice had also been served to the complainant. As such I am referring the case as “Civil in Nature” and submitting the final report.”
