The High Court · 2025

1. The State of Telangana, rep.by Public Prosecutor, High Court for the State of Telangana, at Hyderabad.

2. Shriram Transport Finance Company Ltd.,, Kothagudem Branch, rep.by its G.P.A. Holder B. Kiran Kumar, age 31 yrs, Occ.Recovery Ef;ecutive, R/o. Hanamkonda, Warangal District. ...RESPONDENTS 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 proceedings of C.C.No.14412016 on the file of the Hon'ble lll Addl. Judicial First Class Magistrate Kothagudem, Khammam District. against the Petitioners/Accused. I.A. NO: 1 OF 2021 Petition under Section 482 of Cr.P.C praying that in.the circumstances stated in the ltilemorandum of Grounds of Criminal Petition,the High Court may be pleased to extend the order dated: 08/08/2019 in Crl.P. No', 306/2017 and extended the same from time and finally it was extended in lA No.1/2020 in Crl.Petition No.306/2019 daled 171212020 pending disposal of the above Crl. Petition /t l.A. NO: 1 OF 2019 petition underr section 482 ot cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition,the High court may be pleased to grant stay of all further proceedings of c.c.No.144l2o '16 on the file of ihe Honourable lll r\ddt. Judicial First Class Magistrate Kothagudem Khammam District including the appearance of the Accused till the disposal of the Main Quash Petition in th(-' interest of the justice' This Petition coming ^on for hearing,upon perusing the Memorandum of Groundi of Criminal petition and upon hearing the arguments ol Sri CH. VENKAT RAMAN ,Advocate for the Petitioner and Sri M. VIVEKANANDA REDDY, ASST PUBLIC PROSECU-IOR on behalf of the Respondent No.1 and of sri PRAVEEN KUMAR CHALLA. Arlvocate for the Respondent No 2' The Court made the following ORDER: I / THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3O6 of 2O!9 ORDER: This Criminal Petition is hled under Section 482 of Cr.P.C., by the petitioners/accused seeking to quash the proceedings in C.C.No. 144 of 2016 pending on the file of III Additional Judicial First Class Magistrate, Kothagudem, Khammam District. 2 Heard learned counsel for the petitioners/accused, Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.1 - State and learned counsel 16r respondent No.2.

3. The brief facts of the case are that the vehicle bearing registration No.AP-26Y-2700 was purchased by petitioner No' 1 herein, duly hnanced by respondent No.2/Shriram Transport Finance Company Limited on 27.I2.2O1O, while petitioner No'2 stood as guarantor. Thereafter, the petitioners/ accused committed default in paying EMIs. Accordingly, the demald notice was sent in the year 2}ll stating that the petitioners/accused paid Rs.82,OOO/- as on 05'10'2011 and they committed default in paying balance amount' Though, legal 2 GT \ notice was s,er-ved on the petitioners, they did not produce the vehicle or even reply to the legal notice. Since the Finance Company was deceived, a private complaint has been filed which was referred to Penamaluru Police Station. After completion of investigation. police filed charge-sheet for the offences under Sections 406, 42O and 427 of I.P.C against the petitioners herein one Kadiyala Srinivasa Rao, who is resident of Vijayawada, Andhra Pradesh, shown as accused No.3 (absconding).

4. The case of the petitioners is that the lorry was sgbjected to theft. On the basis of the complaint filed by petitioner No. I herein/P.Naresh, Penamuluru Police, registered g case against the said Kadiyala Srinivasa Rao (who is arrayed as accused No.3 in present ca se). After completion of investigation, police liled charge sheet against the said Kadiyala Srinivasa Rao and others. The said cha;:ge-sheet was filed in the year 2014. The charge sheet in the present case was filed on 13.04.2016. 5 The allegation in the present case is that both the petitioners col.luded with the said Kadiyala Srinivasa Rao and committed theft of the lorries.

6. l,earned counsel for the petitioners would submit that the complainant has not taken any steps to array the petitioners 3 herein as accused in C.C.No'338 of 2Ol4 on the frle of the I Metropolitan Magistrate, Vijayawada City, which was registered against the said Kadiyala Srinivasa Rao and two others, on the basis of complaint Iiled by petitioner No.2 herein'

7. In the present case, except stating that the petitioners have colluded with the said Kadiyala Srinivasa Rao, no evidence \ \ is placed to show that there was any kind of collusion in between the three accused.

8. The grievance of the complainant/ Finance Company is that the petitioners have colluded with Kadiyala Srinivasa Rao and two others to commit theft of lorry which wA financed by ) I the Finance Company. Complainant can take steps before the Court at Vijayawada, where Kadiyala Srinivasa Rao and two others are charge-sheeted, for arraying these petitioners as accused in the said C.C., under Section 319 of Cr.P.C.

9. Since the main grievance of the complainant in ttre present case is that balance EMIs were not paid'and there is violation of terms in between the hnancer and borrower, the said allegation is purely civil in nature. lO. Accordingly, the Criminal Petition is allowed. The proceedings against the petitioners/accused Nos.l and 2 in E \ 4 C.C.No. 144 of 2OL6 on the file of the III Additional Judicial Magistrate of the First Class, Kothagudem, Khammam District, are quashed. Miscellaneous applications, if any pending, shall also siand closed. Sd/- P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR / //TRUE COPYII CTION OFFICER To,

1. The lll Additional Judicial First Class Magistrate, Kothagudem, Khdrirmam District I \

2. The Station House Officer, lllTown Police Station, Kothagudem, Khammam District.

3. Two CCs to Asst. Public Prosecutor, High Court for the St#e of Telangana, at Hyderabad(OUT)

4. One CC to SRl. CH. VENKAT RAMAN, Advocate [OPUC] 5. One CC to SRl. PRAVEEN KUMAR CHALLA, Advocate [OPUC] 6, Two CD Copies Kul/gh n ,ls* ftE S7,( 7: c- Y 3 1o I, t l\r: -.O ., ". l.Ut) z Ct ,i HIGH COURT DATED:O310212025 ORDER CRLP.No.306 of 2019 ALLOWTNG THI.] CR I,.I'}-TII'ION. oJdt &\-t