LAWS(APH)-2013-6-109

SMT. T. SUVARNA, T. VISHNU MURTHY AND T. BHARATH Vs. STATE OF ANDHRA PRADESH, REPT. BY THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., THROUGH INSPECTOR OF POLICE AND M/S. SIVA SAI BUILDERS & DEVELOPERS (P) LTD., REPT. BY ITS M.D., SMT. B.H. LAKSHMI

Decided On June 05, 2013
Smt. T. Suvarna, T. Vishnu Murthy And T. Bharath Appellant
V/S
State Of Andhra Pradesh, Rept. By The Public Prosecutor, High Court Of A.P., Through Inspector Of Police And M/S. Siva Sai Builders And Developers (P) Ltd., Rept. By Its M.D., Smt. B.H. Lakshmi Respondents

JUDGEMENT

(1.) THIS criminal petition is filed under Section 482 Cr.P.C. seeking quashing of the proceedings in CC No. 1233/2010 on the file of IV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. A private complaint which was filed against the petitioners was referred to the police under Section 156(3) Cr.P.C., came to be registered as Cr. No. 251/2008 of Nallakunta Police Station against the petitioners for offences punishable under Sections 420, 406, 415 IPC. The Police investigated into the matter and filed charge sheet which was taken on file as CC No. 1233/2010 against all the petitioners.

(2.) THE allegations in the charge sheet are as under: The first petitioner (A -1) is the wife of the second petitioner (A -2) and the third petitioner is the son of A -1 and A -2. It is alleged that A -1 is a money lender and was doing money lending business without obtaining any licence from the competent authority through A -2 and A -3. L.W.1 availed a loan of Rs. 5 lakhs from A -1 and executed an agreement of sale dt. 3 -8 -2005 in respect of a flat, the market value of which being Rs. 30 lakhs. Apart from execution of agreement of sale, A -2 insisted for execution of blank promissory note in favour of A -1. Since L.W.1 was in need of money, she was constrained to abide by the terms and conditions and availed loan from A -1 through A -2 to a tune of Rs. 5 lakhs on different dates in the month of August, 2005. The charge sheet further discloses that prior to receipt of loan from A -1, L.W.1 paid advance interest and other charges to a tune of Rs. 24,000/ - on 4 -8 -2005 by depositing the said amount in the joint account bearing No. 3518 at Andhra Bank, Himayathnagar Branch, Hyderabad. It is further stated that after depositing the said amount of Rs. 24,000/ -, L.W.1 issued cheques to a tune of Rs. 4,50,000/ - towards repayment of loan to A -1 and A -2 in the month of September, 2006. When the accused demanded L.W.1 to repay the loan amount, cheque for Rs. 50,000/ -was issued in favour of A -3 towards part payment of due amount and the said cheque was encashed on 27 -9 -2006 by A -3. It is alleged that an agreement of sale was executed in favour of A -1 only as a security for the loan availed by L.W.1 and the claim of the accused, that L.W.1 failed to execute a registered sale deed in favour of A -1 in spite of repeated requests is created for the purpose of filing CC No. 21/2007 before the Consumer Disputes Redressal Forum -I, Hyderabad (for short "the District Forum") with a view to usurp the flat No. 302 owned by L.W.1 for a petty amount of Rs. 10,50,000/ -, thus causing wrongful loss to L.W.1 to a tune of more than Rs. 20 lakhs. It is thus alleged that the circumstances evidently prove that the accused committed offences of cheating, criminal breach of trust, apart from other offences in order to usurp the valuable property i.e., flat in question in order to cause wrongful loss to L.W.1 to a tune of more than Rs. 20 lakhs.

(3.) ON the other hand, the learned counsel for the respondent No. 2 contends that a plain reading of the charge sheet would prima facie disclose the offences alleged against the petitioners and this court should not exercise its inherent power under Section 482 Cr.P.C. to quash the said proceedings. According to him, there is no need for the informant -L.W.1 to file a false complaint. According to him, the plea of fraud in execution of agreement of sale which was disbelieved by the District Forum is untenable because in summary proceedings, there is no scope for elaborate trial or enquiry, as such it can never be said that the element of fraud would be unearthed in summary proceedings. He would further contend that the investigation done by the police and the material collected during the course of investigation from Indian Bank and Andhra Bank would clinchingly establish the guilt of the accused beyond all reasonable doubt and as such it cannot be said that initiation of proceedings against the petitioners amounts to abuse of process of court.