V.Samudra Rao v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.26962 of 2016 ORDER:

Petitioner's grievance is that 4th respondent induced the petitioner to part with a sum of Rs.6 lakhs on promise that he would arrange funds to finance a movie to be directed by petitioner and that a Memorandum of Understanding dt.12-04-2016 was entered into between the petitioner and 4th respondent in this regard.

2. Petitioner alleges that 4th respondent has been evading to make the said payment and so he filed a complaint dt.04-05-2016 with 3rd respondent to prosecute the petitioner under Section 420 I.P.C.

3.

Recovery of money advanced cannot be done by petitioner from the 4th respondent involving the police. If the petitioner seeks to recover the money advanced by him to 4th respondent, it is open to petitioner to approach the competent Civil Court for recovery of money from the 4th respondent.

4. I am of the opinion that the issue being a purely civil dispute, it is not permissible for the 3rd respondent to initiate any criminal proceedings against 4th respondent in this regard.

5.

Therefore the Writ Petition is dismissed. No

costs.

6. As a sequel, the miscellaneous petitions, if any pending, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 02-08-2016 Vsv