BOLISETTI NARASIMHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the proceedings in C.C.No.699 of 2018 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Eluru, West Godavari District, registered for the offence punishable under Ss. 409, 420, 506, 323, 441 read with 34 of Indian Penal Code (for short "I.P.C.").

(2.) Petitioners herein are accused Nos.2 and 3. Respondent No.2 is the complainant. On 29/9/2015, respondent No.2 filed a private complaint under Sec. 190 (1a) of Cr.P.C. before the II Additional Judicial First Class Magistrate, Eluru alleging that he is the son of late Chalamalasetti Subrahmanyeswara Rao, who retired from service as Deputy Superintendent of Police. Accused No.1 is Sri Vijaya Sowbhagya Properties Private Limited, Hyderabad, represented by Directors and Partners-accused Nos.2 and 3. Accused No.2 is the husband of accused No.3 and they are doing Real Estate business. On 10/9/2007, accused Nos.2 and 3 approached late Chalamalasetti Subrahmanyeswara Rao, who is the father of the complainant and the complainant at their residence and induced them with a false promise that if Rs.25,00,000.00 is invested by them in their company for doing Real Estate Business, the same will be repaid with interest at 24% p.a. The complainant and his father bonafidely believed the said false promise made by the accused Nos. 2 and 3 and in pursuance of the said promise, the complainant and his father have paid an amount of Rs.25,00,000.00 (Twenty five lakhs only) to the accused by way of cheque dtd. 10/9/2007 drawn on State Bank of India, Eluru bearing cheque No.095132 in the name of Sri Vijaya Sowbhagya Properties Private Limited having account in ICICI Bank bearing No.020205001449. The said cheque was encashed by the accused Nos. 2 and 3 and misappropriated the said amount for their personal use. At the instance of the complainant and his father, a Memo of understanding by naming as 'VYAPARA BHAGASAMYA ANGIKARA PATRAM" was also entered in between late Sri Subrahmanyeswara rao and accused No.2 on behalf of accused No.1 on 10/9/2007 endorsing payment of Rs.25,00,000.00 by the complainant and his father to accused Nos.2 and 3. An amount of Rs.25,00,000.00 was entrusted to accused Nos.2 and 3 on behalf of accused No.1 for doing a lawful business. Thus, responsibility of accused Nos.2 and 3 is very high and any breach of trust on their part leads to serious calamity. Right from the beginning, accused Nos.2 and 3 are having criminal intention to misappropriate the said amount for personal use and thereby to cheat the father of the complainant and the complainant. Memorandum of understanding was entered between the father of the complainant and accused Nos.1 and 2 only on the promise made by accused Nos.2 and 3 that they will pay interest besides profit.

(3.) Accused Nos.1 and 2 deceived the complainant and his father. The above inducement of accused Nos.2 and 3 was fraudulent and dishonest. The complainant and his father under the said inducement delivered Rs.25,00,000.00 to accused Nos.2 and 3. Therefore, there is criminal breach of trust besides cheating on the part of the accused Nos. 2 and 3 towards the complainant and his father.