SUCHIRINDIA DEVELOPERS PVT LTD Vs. K SAI KUMAR

JUDGEMENT

(1.) THE petitioners, who are accused A -1 and A -2 filed the present application under Section 482 Cr.P.C. seeking quashing of the proceedings in C.C. No. 892 of 2012 on the file of the VII Additional Chief Metropolitan Magistrate, Hyderabad. A charge -sheet came to be filed against the petitioners for an offence punishable under Section 420 IPC. The allegations in the charge -sheet are as under:

(2.) THE learned counsel for the petitioners mainly submits that even accepting the allegations in the report to be true, the ingredients constituting an offence under Section 420 are not made out. According to him, the entire transaction relates only to a breach of agreement of sale and as such it cannot be said that the accused had any dishonest intention to cheat from inception. In view of the above, he submits that continuation of proceedings against the petitioners would be an abuse of process of law.

(3.) SECTION 482 Cr.P.C. itself envisages three circumstances under which the inherent jurisdiction may be exercised by the High Court namely: