MALEPATI SURESH KUMAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed by the Petitioners (A.1 and A.2) under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C') to quash the proceedings in C.C.446/2014 pending on the file of the learned I Additional Judicial Magistrate of First Class, Proddatur, Y.S.R.Kadapa District for the offence under Sec.420 r/w 34 IPC.

(2.) Perusal of the record would reveal that the Petitioners herein are Accused Nos.1 and 2 and the 2nd respondent herein is the defacto complainant and the offence alleged against the petitioners is under Sec. 420 r/w 34 of the Indian Penal Code (for short 'I.P.C').

(3.) The brief allegations of the complaint filed by the 2nd respondent are that the 2nd respondent and the 1st petitioner jointly started "Sivani Super Market" at Mydukur. The 1st petitioner was kept as a working partner whereas the 2nd respondent was the sleeping partner. For some time the business went on peacefully and thereafter the petitioners started enjoying without assessing the profits and thereafter the 1st petitioner started doing business independently without showing the accounts and tried to eliminate the 2nd respondent from the partnership firm. At that juncture, the elders intervened and directed the petitioners to pay cash of Rs.25,00,000.00 to the 2nd respondent and that the 2nd respondent would be dropped from the partnership. Thus, the petitioners with their deceptive intention promised to pay Rs.25,00,000.00 to the 2nd respondent towards his share and occupied the entire shop eliminating the 2nd respondent without paying the amount. Therefore, the 2nd respondent lodged a report and the same was registered as F.I.R in Cr.No.130/2014 under Secs.407, 420 & 465 r/w 34 IPC and during the course of the investigation, as Secs.407 & 465 IPC does not attract, the same were deleted and the charge sheet was filed under Sec.420 r/w 34 I.P.C.