K CHANDRASEKHAR Vs. THAKUR CONSTRUCTION COMPANY HYDERABAD

JUDGEMENT

(1.) This criminal petition has been filed under Section 482 Cr.P.C. invoking the inherent jurisdiction of this Court to quash the criminal prosecution launched against the petitioners-accused in C.C. No.241 of 1991 on the file of the Court of the XVII Metropolitan Magistrate, Hyderabad.

(2.) The accusation levelled against the petitioners-accused springs out of an agreement dated 10-8-1987 whereunder the 1st respondent-complainant undertook to construct flats for the petitioners-accused herein. The complaint is that eventhough the flats have been constructed as per the said agreement dated 10-8-1987 and even more plinth area has been allotted than originally agreed for still there was a balance amounting to Rs.1,53,965/- which also represents the balance of 2% of the cost of the original construction at the rate of Rs.130/- per square feet plus extra works said to have been done. The offences alleged against the petitioners-accused are under Secs.420 and 442 IPC.

(3.) It is contended by the learned counsel for the petitioners-accused that the prosecution launched against the petitioners-accused are clear abuse of process of law, inasmuch as the same is purely civil in nature and the very contents of the complaint filed against the petitioners-accused disclose apparently that the breach of agreement is non-payment of the amount said to be due and as such there is no element of cheating or other offence alleged under Section 442 IPC.