SINGANAMALA RAMESH BABU Vs. STATE

JUDGEMENT

(1.) The petitioner/accused in Crime No.70 of 2015, pending on the file of the 1st respondent Police, for offence under Sections 406, 420, 506(i) and 120(b) IPC, has filed the quash petition.

(2.) The 2nd respondent/defacto complainant viz., V.G.B.Sivaram Prasad lodged a complaint with the 1st respondent that he is a business man, doing business in the name of M/s.Sri Vijayalakshmi Ice Factory at No.7/50, South West Boagh, T.Nagar, Chennai and having residence in the same place. During March 2007, the petitioner represented through his common friend V.Radha Narasimha Rao that the petitioner is doing finance business at D5, Vaisalai Apartment, No.17, Dr.Nair Road, T.Nagar, Chennai for many years and he is in need of money of Rs.75 lakhs for his business and promised that it would be returned back within 5 months. Believing the words till October 2007, the 2nd respondent paid a sum of Rs.55 lakhs to the petitioner by way of cash and cheque. On receipt of the same, the petitioner assured that he will give back the money within five months and also represented that he was having many properties at T.Nagar, Porur, OMR-Poonjeri Village, Vaisahvakkan, Hyderabad. During March 2008, the 2nd respondent approached the petitioner and asked for return of his money Rs.55 lakhs, the petitioner promised to repay the amount within short time, but he did not do so.

(3.) Further, the petitioner made request for money of Rs.45 lakhs and promised that both earlier borrowings and the money received now would be repaid within six months. Believing the words, the 2nd respondent paid another Rs.45 lakhs during February and April 2008. Thereafter, when the 2nd respondent approached the petitioner for return of money, the petitioner evaded the payment and the 2nd respondent regularly visited the office and residence of the petitioner, but whenever he approached, the petitioner was giving one reason or other, dragging and evading repayment of debts.