High Court · 2025

Petition under Section 482 of Cr P. C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedrngs in C.C. N.2812021 on the file of Judicial Magistrate of First Class at Achampet against Petitioner/Accused No.1 for the alleged offence U/S 420 RAN 109 of CPC, t.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to pass interim stay of all further proceedings including appearance in C.C. No.2812021 on the file of Judicial Magistrate of First Class at Achampet,; This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri L HARISH Advocate for the Petitioner and Smt T Madhavr, Asst- Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No.2: The Court made the following: ORDER e b 4t t ? rl.-) THE HON'BLE SMT. JUSTICE JUWADI SIlIDEVI CRIMINAL PETITION No.190 ol 2021'. ORDER This Criminal Petition is filed by the petitioner/accused No 1 seeking to quash the proceedings against him ir CC.No.28 of 2021 on the file of the learned Judicial lrtlagistrate ol First Class at Achampet.

2.1 Brief facts of the case as per defacto c')mplainant are that the petitioner/accused No.1 was doing real estitte business in the year 2008, under the name and style as AM Real Estates, Achampet and developed a venture named as 3reen City' in land covered by Sy.No.233 and 234 of Achanlpet Revenue village, near Patel Function Hall, Achampet, wh 3rein accused No.2 was his working partner and accused No 3 w ls engaged as Sales executive.

2.2. While so, accused No.3 approachel the defacto complainant to buy one plot for Rs.60,000/- b7 paying sale consideration in the form of Equated Monthly lnsta ments and the defacto complainant agreed to purchase the plot itnd paid some instalments and there afterwards no one received lhe instalments from him. Then defacto complainant approached accused No 3 and expressed his intentron to pay balance in;talments and I I I t.- 2 insisted for execution of registered sale deed in his favour, but she did not respond properry and threatened that she wiil complain against him before police, if he once again comes to her for registration. Even accused Nos.1 and 2 arso did not come to execute the registered sale deed.

2.3. As such, the defacto complainant lodged a complaint before Amrabad police station, Nagarkurnool District, wherein a case in Cr. No. 1 1 3 of 201 9 was registered for the offenoe punishabre under section 420 read with 10g of rndian penal code (for short 'lPC') against accused Nos.1 to 3.

3. Heard Sri L.Harish, learned counsel for the petitioner/accused No.i and Smt.S.Madhavi, learned Assistant Public Prosecutor for respondent-State. Despite service of notice, there is no representation on behalf of respondent No.2. perused the record.

4. Learned counsel for the petitioner submitted that as per the complaint of 2nd respondent and also as per his statement recorded during the course of investigation he stated that when accused No.3 stopped responding, he approached petitioner/accused No.1 and also accused No.2 and they said that 'iB .) 3 they have not received any instalments from accused No.3, on behalf of defacto complainant.

5. lt is further submitted that Prima facie, defacto complainant did not contact petitioner/accused No.' in reserving any plot in the said venture nor he received any instalments either from him or from accused No.3, on his behalf, as such offence of cheating under section 420 of IPC is not made out, as the ingredients of section 42Q are not attracted. Furthe,r the defacto complainant never contacted petitioner/accused \o.1 , before paying the alleged instalments to accused No 3, therefore question of inducement with a fraudulent intention dr>es not arise Hence prays to quash the proceedings in C.C.No.23 of 2021 on the file of Judicial Magistrate of First Class at Achampet against the petitioner/accused No. 1 . 6 Learned Assistant Public Prosecutor s rbmitted that there are specific allegations against the petitioner ernd prayed to dismiss the petition.

7. A perusal of the material on record, it reveals that except mere statements of 161 Cr.P.C. there is nr) material to decide the fraudulent intention. The statement of 1(i1 Cr.P.C. of the defacto complainant reveals that accused No 3 came to his 4 '"4. ,1.,i:.. n' village and approached his father and exprained about the vendor and asked to reserve plot No.120, admeasuring .133.33 Sq. yards quoting sale consideration of Rs.60,000/-. Again on 19.04.200g stating that the said plot was reserved on his name accused No.3 received an amount of Rs.4,000/_ towards first instalment and accused No.3 has also issued receipt for the said amount. An amount totaling Rs.43,0001 was paid by him through various instalments to accused No.3. Lasfly on 2g.05.2010 he paid an instalment and then afterwards accused No.3 did not approach him for instalment and even to register the said plot. Then he approached accused Nos..l and 2, who replied that they have not received any amount from accused No.3.

8. Apparently from the perusal of the above material, it is evident that the defacto complainant never met accused No..l nor he paid any money to him and he said that he only paid to accused No.3 and the last instalment paid by him was on

28.05.2010. Further the alleged complaint was lodged by him on

28.12.2019 before Judicial Magistrate of First Class at Achampet and it was referred to pS Amrabad, under section 156(3) of Cr.P.C., and on its strength the present crime is registered, wherein there is an unexplained delay of lodging the complaint. The statements of list of witnesses which have been shown are 5 also on similar lines. Further, there is no evidence to prove that there is nexus between accused No.'l and 3. The cont:ents of the charge sheet do not disclose the required ingrerdients for constituting the offence under Section 420 of lpC. 9 ln the light of above findings, continuation of criminal proceedings against the petitioner-accused No.1 would amount to abuse of process of law. Therefore, the proceedings in C.C.No.2g of 2021 on the file of the learned Judicial Magistrate of -irst Class al Achampet, are liable to be quashed. 10 Accordingly, this Criminal petition is allowerd and the proceedings against the petitioner/accused No.1 in C O No.2g of 2021 on the file of the rearned Judiciar Magistrate of Fi*;t crass at Achampet, are hereby quashed. Miscellaneous petitions pending, if any, shall stanl closed. //TRUE COPYII SD/. L.VIJAYA LAXMI ASs I-ANT REGI STRAR To, 1 The Judicial First Ct; ; pii[:,'; ffi ffi ffi+,ig [11-[i',:: cD copies , r,i'",1*o I=CTION OFFICER r the stare of telangana at HIGH COURT DATED:2110312025 \ t ,.Esr; a(. c: ..: iv' ,f''.t.' J -_) iJ J1 , UrI 2M * I',' rcHr--\ ! \1, 1' :: .\ -Att ORDER CRLP.No.190 ot 2022 ALLOWING THE CRIMINAL PETITION n X;r,ua\\ i l i i i i l t