Criminal Petition No. 6470 of 2012 · Andhra Pradesh High Court

The petitioners 1 and 2/A1 and A2 are accused of offences punishable under Sections 420, 323, 290, 506 IPC. It is alleged that A1 and A2 made the de facto complainant to part with sum of Rs.9,60,000/- towards purchase of 2400 square yards of site and another sum of Rs.13.00 lakhs by way of cheques for purchase of Ac.1.00 cents of land. A1 and A2 are in real estate business. It is contended by the petitioners’ counsel that the amounts are paid by the de facto complainant for giving the same to the land owners. Inspite of making the payments, A1 and A2 did not arrange for execution of registered sale deeds for the said properties. Ultimately, it is found during investigation that a total sum of Rs.9.00 lakhs was traced in ICICI bank account of A2 at Hyderabad from out of the cheques given by the complainant to the accused, which cheques were encashed in A2’s account. It is contended by the petitioners’ counsel that A1 and A2 paid the said amounts to the owners of land towards sale consideration. Whether the accused paid the said amount to owners of land or not, is a question of fact which has to be proved by the accused by leading necessary oral and documentary evidence during trial in the lower Court. I do not find any reasons to entertain this criminal petition for quashing the pending criminal case in the