LAWS(APH)-2013-7-105

V.RAMESH BABU Vs. STATE OF ANDHRA PRADESH

Decided On July 11, 2013
V.RAMESH BABU Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The petitioners are accused 1 and 2 in C.C. No. 1592 of 2010 on the file of IX Metropolitan Magistrate, Cyberabad at Kukatpally. The present criminal petition is filed under section 482 Cr.P.C. seeking to quash the proceedings in the said case, which was taken on file against them for the offences punishable under Sections 406, 420 and 506 read with 34 I.P.C.

(2.) The learned counsel for the petitioners mainly submits that even accepting the allegations in the charge-sheet to be true, no offence is made out under section 420 I.P.C. According to him one of the main ingredients to constitute cheating is that there should be dishonest intention from inception, which according to him is lacking in the present case.

(3.) There is no representation on behalf of the respondent inspite of service of notice in the month of July, 2011.