The High Court · 2025

2. Lakki Reddy Srinivasa Reddy, S/o Bali Reddy Aged about45.years Occ: Advocate S'aidellipuram village, Madhira Mandal Khammam district ...RESPONDENT/DEFACTO COMPLAINANT ...RE'P.NDENT Petition under Section 528 of BNSS praylng that in the circumstances stated in the ft/emorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to C.C. No. 706 of 2025 On the file of Principal Junior Civil Judge-cum-J ud icial Magistrate of First Class, Madhira, Khammam district and quash the same in so far as the petitioner /Accused No. 2 l.A. NO: 2OF 2025 Petition under Section 528 of BNSS 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 including appearance of the petitioner lA2 in C.C. No. 706 of 2025 On the file of Principal Junior Civil Judge- cum-Judicial trrlagistrate of First Class, NIadhira, Khammam district pending disposal of the Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M JANARDHAN RAO, Advocate for the Petitioner and SRI JITHENDER RAO VEERAMALLA, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER I I I I j I THE HON'BLE SMT.JUSTICE TIRUMALA DE:'/l EADA CRIMINAL PETITON No.14289 of 201'.t ORDER This Criminal Petition is filed by the petitione -.accused No.2 seeking to quash the proceedings in CC No.706 of 2)25 on the file of Judicial lt/lagistrate of First Class, I\4adhira, Khir nmam District, registered for the offence under Section 318(4) read wi r 3(5) of BNS

2. Heard Sri M. Janardhan Rao, learned , ounsel for the petitioner and Sri Jithender Rao Veeramalla, learned r,dditional Public Prosecutor for the respondent No.1-State

3. Learned counsel for the petitioner has strl mitted that the petitioner is accused No 2 and that the accused No.1 nd the de faclo complainant are Advocates and the petitioner is the : ient of accused No.1 He further alleged that there was a dispute betva en the accused No.1 and lhe de facto complainant with regard to the :r es pertaining to a particular case and due to the said dispute, the pres lnt complaint is filed against the petitioner and other accused with falsr: allegations. He further submitted that the petitioner has never recei 'ed any money from the de facto complaint and that he never , rntertained any dishonest intention, and thus the ingredients of Sectio I ; 318(a) of BNS 2 FfD'J Cn-P No.11289of2025 are not made out against the petitioner. He, therefore, prayed to quash the proceedings against the petitioner

4. The learned Additional Public Prosecutor has submitted that the petitioner-accused No.2 is alleged to have received an amount of Rs.3,00,000A from the de facto complainant for the sake of his daughter's education on the pretext of providing a job to the wife of the de facto complainant, but failed to provide the job He, therefore prayed to dismiss the Petition.

5. Perused the record

6. The contents of the complaint disclose thqt the petitioner and accused No.1 are in acquaintance with lhe de facto complainant for about an year and out of the said acquaintance, on 2811'2024 lhey approached the de facto complainant by stating that a vacancy for Teacher job is available in a reputed government aided school and if an amount of Rs.10,00,0001 is paid, they would see that his wife would be given appointment to the said post, whereupon, the de facto complainant has stated that he would pay the amount only after getting the appointment letter. Subsequently, the accused No'1 cited urgency by stating that the daughter (accused No.3) of the petitioner-accused No.2 needs to go abroad for higher studies and that an amount of ,,, J EfD,J C.P.Na.112A9o{2025 Rs.3,00,000/- is required immediately and therefcr > the de facto complainant has transferred Rs.3,00,000/- thn> tgh IIVPS on 28.112024 from his SBI account to the account ,: accused No.3 Subsequently, he realized that the accused had not pr >vided the job to his wife and when he finally insisted to return his am: rnt, the accused started evading him and refused to return the mone'l and further they threatened him with dire consequences

7. The allegations pdma facle point out the offen ;e under Section 318(4) of BNS against the petitioner. The said se: ion is extracted hereunder for the sake of reference "318. Cheating: (1) xxxx (2) xxxx (3) xxxx (4) Whoever cheats and thereby dishonestly inducr.: the person dece ved io deliver any property to any person, or to -r destroy the whole or any paft of a valuable securit',, ake, alter or or a nything which is signed or sealed, and which is capable of beir into a valuable security, shall be punished with im) J converted sonment of either description for a term whrch may extend to sev3 I years, and shall also be liable to frne "

8. The prrme allegation is that the petitioner err d accused No.1 induced the de facto complainant to pay an amount ol Rs.3,00,0001 to the petitioner. The contention of the learned counsel fc 'the petilioner is that the petitioner has never promised the de facir complainant to 4 EfO,J Ctl-P. No.1c2a9 ot 2025 provide job to his wife and he never received any amount, therefore. the ingredients of section 31s(4) of BNS do not attract against the petitioner' But, since the ailegations point out flrat the peritioner has received the amount of Rs.3,00,000/_ for the sake of sending his daughter to abroad for higher education and that the money was transferred to the account of accused No.3, the ingredients of section 318(4) of BNS are prima facie made out. The prosecution has arso collected the statements of account. Therefore, the truth or otherwise in the allegations can be culled out only after a full_fledged trial. Hence, rt is deemed appropriate to dispose of the petition by dispensing with the attendance of the petitioner before the trial court.

9. Accordingly, the Criminal petition is disposed of dispensing with the attendance of the petitioner before the triar court, provided he is represented by a counsel on every date of hearing and he shall appear before the trial court as and when his presence is required during the course of trial. Miscellaneous petitions, pending if any, shall stand closed. //TRUE COPY// SD/- P PONNA KRISHN SISTANT REG SECTION OFFICER To, 1 2 The Principal Junior Civil Judge-cum-Judicial Magiskate of First Class, Madhira, Khammam district The Station House Officer, Madhira Rural police Station, Madhira, Khammam Dishict t 1 l

3. One CC to SRI [/ JANARDHAN RAO Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State (,1 Telangana at Hyderabad IOUT]

5. Two CD Copies VM/PSL \c^, HIGH COURT DATED: 2411112025 \ ORDER CRLP.No.'14289 of 2025 s14 /,L' L) 5 Jlii 0 02b * 5 ;:,41e'r '* DISPOSING THE CRIMINAL PETITION Ld(e-'> &.,