High Court · 2025

The State of Telangana' represented by Public Prosecutor High Court At #ii#u+'#,'liil:**t*'xli[,i1xx"::rv'ffi ffi :1r "'ResPondent No'1 and 2 petition under section 482 0f cr.p.c.plrv1ns that in the circumstances stated in the Memorand'#itt?*ot oi cr.irnlnir,F't|::: t'ffi llj?lffiifr? # ;i. ilJ " i-:l -,::y, :T; i.[',i:ir:'r?.ffi "i r-r yfS!'. i vu e ran aa' i n f;.X"J,l'"X,' "Lif'-' ffijl?:il ill "''nil.i' {i1i"'; - * " consequentially, seeking ti"'H""""OfE court' to quash above C'C' n ora bre xr r I i i r" ""in " t.A. NO 2 OF 2023 5gffi';gfl,[ffi,,;6[$ffr+ffi#ffi This petition comir ^ l*l;q:f r.;iII:*-*h*iffi j,'*'i&:.':ii:iJ*# -''- I\ErPurruenl No.l and none appeared ror-it Hespondent No.2. The Court made the following: ORDER " THE HON'BLE SMT' JUSTICE JUWADI SRIDEVI cRIMINALPETITION No.8991 of 20 23 ORDER: This Criminal Petition is filed under Section 482 of Cr'P'C by the petitioners/accused Nos'1 to 5 seeking to quash the very registration of CC No'12 757 of 2019 on the file of the learned Xll Additional Chief Metropotitan Mag'tstrate at Nampally' Hyderabad registered for the offences under sections 406' 42o r/w 120-8 of lndian Penal Code (for short'iPc')' defactocomplainant, The gist of tlre case is that on 25'07'2018 at 12'30 hours 2. who is Deputy General Manager of corporation Bank frled a complaint against the petitioners' who are borrowers of their bank and cheated the bank by way of diversion of funds and thereby caused wrongful loss to the Bank and wrongful gain for themselves. A loan amount of Rs'20'00'000/- each were sanctioned to the petitioners who are all same family members' for purchase of 25 milk animals and for construction of cattle shed each' But on visit only 40 animals and one old dairy shed' which they have already owned and maintaining for the last ten years were found available' Thus all the petitioners committed criminal breach of trust and thereby caused immense loss to the Bank' Basing on the said complaint' a case is 2 registered under crime N( 4oo,42oread with ,r, ,;i::"r 2018 ror the offences under se*ions 3' Heard Mr.C.Sh arAn e^a,.. , il jl..:rH[ No.2. perused the record.

4. Leamed cou J$j1: # ".;;,:.:"::: ts no representation TJ on behalf of respondent ffi:::l*#. "*:J ffi ;::: ::,,:" breach of trust and pe,i,i.ners "n"lti'n"t them' There are no to make out a case' rru .nu", against the t'n" as full and final "n'nn He further submifted petitioners, the petition set ement into the Ban that enent. Hence pray crirninarpetition. t prior to filing of have paid the due and the Bank has "n "'to s to quash the charse ";:l::1",:i::J

5. He further relied cou( in Tartna senn o herd in para 3, 11, 12, ,r':::"rtr'::: "on the decisions held by Hon'ble supreme and another r, wherein it was

3.9. The Bank also fited two Original Applications o.A.No.53 and SZ of 2OO4 before c the Debt Recovery Tribunal, uftack (DRT,, for shod) for reco loans advanced b lGpL very of dues in respect of the and Chrion Travels. tn the proceedings before the DR IGPL and Clarion Travels reached a One-Time_ Setflement (o TS" for shod) with rising out of SLp rcrl.) No-1415 of 2024 the Bank, which T, " 'zoza,*rc rsz 3 ampro'mi*d Ti#i:ffi #{ffi "r*'#.Jii"r;i* rlrsoosed of as a full aN fin Yi*"rTt"tYiliol,J*^'"'*':::::,::::utettis not disputed that the """if,utt'iu"n ';;-;;;*"*"*ln'.?;:;,*i:il;;.:',;Sl'::;:';n 'between that, uPon PaYrnent of the ';:;;;;,";; in"'bonower has been cto*d' "";;";;;;.;,meo1tv:i;i{Xt"*;n?^l!,YErXI#, mntinuation of the crimin ; *;t" ;"ii;i"\!i1f ;! i*,i':*^:::{;.:r .:;'! consideing the cases of two womert r ]:.i)"i^, iiiii}iiir,'J r" :::,lf ::;::;"f,ii1 !i,i i';ave since in disPute that the ongtn died. tt is also not commercial' :2is^'Coutt' 'of

15. Relying on the earlier iudgments o't have held that in the #tt"o'-ui"ns out financial, mercantile''uit"' iui'"o-n'ip ol such'like' transact'ons re!1i1,1^!X.dowa' etc' o'ulir"';ui'iionv - or the offenes "'i"ing or family disputes **Z"*"-itng is basicalty pivate or oersonal in nature ,no ir""'jri"i iaue r.sou"a^.their entire ';;;;;)ii"!"1.2"1,i^;i::i";n,:*,!i'{iif."!ff i ",;:';:,:':":,{,fr[";{;;::,i;;,;;'Iiion,iaon,nsuchcasesis ciminat remote and bleak and; #;:; proceedings would put"i"")t"*"0 to great oppression and "onti*aan-ot^the Preiudice' lnanotherdecisionheldbyHon'bleSupremeCourtin l,I.S.Gnanesfi waran Etc' v' The lnspector of Police & Anothef ase in paras 7 and 9 it was held as under: 7 - Having considered the submission: :f both sides and are of the view that no u*ful purpose examined tnt '""oal'*" in the crimin.al would be '"*ua admittedly' culminated in a 'proceedings present maner' ne "ais;;;i''"' 'nr' oy'"o'"nti',J''n ' zoz5 |NSC 187 in sLP {Crl) Nos' 17481-17482 0f 2024 4 cpmprehen rfr .,:,#frj:#,!#i{#,*#l#

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6. Learned Ar that huth * o,t,"*,, onry can be known courr, and hence, shr the State contended tant Public Prosecutot ;e of the allegations ,.r"u after condu,ir, ,,_o.ol]o'il :::rI" : prayed to dismiss the petition. "i, record reveals that th sent individua' '"t rrros.l ro 5 starins #:^:;::'r:# "n'ut Manager of the of their crairn i has been discharg"o''n"'n"t the petilioners certifying that they

7. A perusal of corporation a"nt, Hv,t to all the p"tition"r.-"oierabad Rs.21,so,00o/- in fu, s and that their entire ,,";t'"t""t'on have no further craim *ilitY 6 amount. tn view of th" when the dispute o"*,tutt.'"nt through fufi and or", . commission ortiru onen"e]:::::,":;";:,::: ver against them i between ,r";::::;::;:: the parties has already been resorved resistrarion or the ._ r--u,ruauoo rn allowing the matter r' 5 to proceed further- Therefore, the proceedings in CC No'12757 of 2019 on the ftle of the learned Xll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad are liable to be set aside' Accordingly the criminal petition is allowed and the proceedings in 8. CC No.12757 of 2O19 on the file of the learned Xll Additional Chief Metropolitan Magistrate at Nampally' Hyderabad against the petitioners/accused Nos.1 to 5 are quashed' Miscellaneous petitions pending' if any' shall stand closed' SD/- A.V.S.PRASAD DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The XllAdditional Chief Metropolitan Magistrate at Nampally, Hyderabad. 2. The Station House Officer, CCS DD Police Station, Hyderabad. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. One CC to Sri C.Sharan Reddy, Advocate lOPlJCl 5. Two CD Copies Hyderabad [OUTJ W NVB/PSL HIGH COURT DATED:OI 1OB]ZO2S ORDER a q E I : -r ,-*.'.l':., ' ,'.r € .r ::l:.. .,':.(i: F 2f6 il, CRLP.No.8991 of 2023 i'' -l'\r':':' \1".-. -,., ' .:.')' ALLOWING THE CRIMINAL PETITION $1