P. Purushotham Reddy v. M. Bhaskar Reddy

HONOURABLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No. 225 OF 2017 ORDER:

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, requesting to quash the proceedings in C.C.No.349 of 2015 on the file of the Judicial Magistrate of First Class, Punganur, Chittoor District. Sri C. Sharan Reddy, learned counsel for the petitioner, would submit that it is highly improbable that a huge sum of Rs.12,00,000/- was lent by the first respondent, who is the de facto complainant, as hand loan to the petitioner on 01.07.2013, that too, with a condition to return the same within five days of the date of the loan. The submission of the learned counsel for the petitioner would amount to probing into the facts in the very Calendar Case, which exercise can only be done by the trial Court, but not by this Court in a petition filed under Section 482 Cr.P.C. Further, no material is placed by the petitioner/sole accused in the direction of abuse of process of Court in case trial is proceeded with so as to quash the proceedings in C.C.No.349 of 2015.

Hence, the Criminal Petition is dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed.

__________________________ A. SHANKAR NARAYANA, J Date: 17.01.2017 va