MOTAMARRI SURYA KAMESWARA RAO Vs. MOTAMARRI KIRAN KUMAR

JUDGEMENT

(1.) This Criminal Petition is filed by the Petitioners/Accused, under Section 482 Code of Criminal Procedure, seeking to quash C.C. No. 968 of 2007, pending on the file of Additional Judicial First Class Magistrate, Vizianagaram registered in respect of offences punishable under Sections 420, 463, 192 and 199 Read with Sections 34 and 120 (B) I.P.C.

(2.) The Revision Petitioners are the accused and the Respondents Nos. 1 and 2 are the complainants in the Calender Case.

(3.) It is pleaded in the complaint as follows: The Complainants are brother and sister and children of A-1 in the case. A-1 was originally having Industrial estate in Unit No. B-6 in the Industrial Park, V.T. Agra Aram, Vizianagaram in the name and style of Sarat Kiran Industries as the sole proprietor of it. A-1 executed a registered deed of settlement dated 22-07-2004 for the entire B-6 unit in the name of the complainants and delivered the vacant possession of it there under. Thereafter, A-1 wrote a letter to the complainants directing them to pay a sum of Rs. 1,19,000/-payable by him (A-1) to the District Industrial Corporation claiming that he owed the said amount to the Corporation on B-6 unit. Consequently, the complainants paid the sum of Rs. 1,19,000/-to the District Industrial Corporation on 18-07-2007 and obtained a receipt. Thereafter, the complainants changed the name of the firm and carried on the business in the name and style of M/s. Motamarri Textiles in the said B-6 unit, whereas the same business got nothing to do with the immovable property covered by the Settlement Deed. Further, A-1 owed a sum of Rs. 15,00,000/- to the A.P. State Financial Corporation, Vizianagaram and as per the directions and instructions of A-1 the complainants paid the entire amount payable to them and consequently the A.P. State Financial Corporation, Vizianagaram, returned the registered deed of settlement dated 22-07-2004 and other documents deposited by A-1, which was intimated to the complainants vide letter in AFC/VZMLGI/2006-07/1443, dated 25-07-2006. Further, the complainants also paid necessary sales tax got incorporated their name for the firm in the relevant Sales Tax Department records. Further, the first complainant conveyed his undivided interest in the unit to the second complainant by way of executing a registered deed of relinquishment, dated 07-08-2006 for a consideration of Rs. 6,00,000/-and put her in the vacant possession of the unit. Later, the complainants leased out the unit to M/s. Kakatiya Hatcheries in the month of September, 2006 under a registered deed of lease and ever since the lessees have been in possession and enjoyment of the property. Further, while so, suppressing all the above said facts, A1 created a registered deed of revocation dated 24-08-2007 with an evil intention, wrongly mentioning that he was the possessor of the unit, which is not true. Hence, A1 and A2 are liable to be punished for the said offences.