(1.) These criminal petitions are filed by the petitioners praying to quash the proceedings in C.C.Nos.70, 409 and 410 of 2001 on the file of the XIV Metropolitan Magistrate, Hyderabad.
(2.) It is stated that the petitioners executed promissory notes in favour of the de facto complainant and on the strength of the promissory notes; suits had been instituted for recovery of the amounts. It is also stated that the 2nd respondent had filed private complaints and the said complaints were referred to the Station House Officer, Shah Ali Bhanda Police Station and in view of the same, criminal cases were registered under Sections 406 and 420 read with 34 IPC. It is also stated that the de-facto complaint is doing business in iron sheets underthe name and style of "Sonia Ispat" at Minister Road, Secunderabad, and the petitioners accused are also doing the same business and in relation to those transactions, some amounts had fallen due, for which promissory notes were executed by the petitioners in favour of the de facto complainant, in that regard. On the strength of the said promissory notes, suits also had been instituted.
(3.) As can be seen from the material available on record, these matters are predominantly of civil nature. It is no doubt true that merely because, these matters are of civil nature, there is no hard and fast rule that no criminal case as such can be registered. This Court in R.G.Chandra Mohan and others v. State of A.P. rep. By Station House Officer, 1 Town Police Station, Rajahmundary and another1 held that the power under Section 482 Cr.P.C., be exercised when the allegations in the FIR or complaint do not make any prima facie case against the accused. Strong reliance was placed in Trilok Singh and others v. Satya Deo Tripath. It was a case where the truck was purchased under hire purchase agreement with a default clause, and the said truck was seized for default by the financier and that the purchaser launched criminal prosecution against the financier, wherein the Apex Court held that the dispute raised was purely of civil nature and criminal proceeding initiated was an abuse of the process of the Court and deserved to be quashed.