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High Court for State of TelanganaCRLP/3120/2011allowed no costs

N.S.Thanu Madhan, Chennai v. State Of A.P.Rep.By P.P., High Court, Hyderabad And Another

2017-12-15T. Rajani2 pages

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.3 1 2 0 of 2 0 1 1 ORDER:

This petition is filed seeking for quash of the proceedings in Cr.No.488 of 2010 on the file of the Patamata Police Station, Vijayawada City, Krishna District. The offence alleged is under Section 420 of the Indian Penal Code, 1860.

2.

Heard the counsel for the petitioner and the learned Public Prosecutor, who takes notice for the first respondent. None appears for the second respondent.

3.

As already observed, the case is registered for the offence under Section 420 IPC, but the allegations in the complaint, on the face of it, do not constitute the alleged offence. The transaction between the complainant and the accused is with regard to a franchise. The complainant was asked to pay Rs.6,00,000/ - towards obtaining franchise but he could not pay the same. He paid only Rs.1,50,000/ - and handed over the cheque to the petitioner. The petitioner also promised to pay Rs.30,000/ - as salary to wok for the company. The allegations are that the petitioner failed to comply with the promise given to the complainant and when the complainant asked for refund of the amount, the petitioner has been postponing the payment of the amount. The complainant warned that he would give a complaint and then the petitioner seems to have threatened the complainant stating that he is having a post dated cheque.

4.

All this seems to have been done in a heat of passion during their course of their conversation. The complaint itself shows that the petitioner sent an SMS that he would settle the account.

So the ultimate grievance of the complainant seems to be to realize the amount and he only seeks the help of the police in recovering the money. Hence, the ingredients of Section 420 IPC are not at all attracted. Hence, the continuation of further proceedings would only result in abuse of process of law.

The criminal petition is allowed and the proceedings in Cr.No.488 of 2010 on the file of the Patamata Police Station, Vijayawada City, Krishna District, against the petitioner, are hereby quashed. As a sequel, the miscellaneous petitions, if any pending, shall stand closed.

__________ T. RAJANI, J December 15, 2017 DSK