NATRAJ RAJENDRA BABU Vs. PUBLIC PROSECUTOR HYDERABAD

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings initiated against the petitioners/A-1 and A-2 in C.C.No.107 of 2016 on the file of the I-Additional Judicial Magistrate of First Class, Nizamabad, which was taken cognizance for the offences punishable under Sections 406, 409, 420 and 506 of I.P.C.

(2.) The facts which led to filing of the present Criminal Petition are as under:

(3.) The Police investigated into the matter and filed a final report stating that the 3rd respondent (A-3) obtained a loan of Rs.2,00,000/- on 15.12.2010 from the 2nd petitioner (A-2) for his trading business and that the 4th respondent (A-4), who is the mother of the 3rd respondent, stood as a guarantor for the loan facility and also created equitable mortgage over the subject property. Thereafter, the 3rd respondent (A-3) committed irregularities in operating the loan account and that the loan account was classified as Non Performing Asset. It is further stated that the matter is pending before the Debts Recovery Tribunal at Hyderabad vide S.A.No.485 of 2013 and a Writ Petition No.682 of 2015 is also pending before this Court. It is further stated in the final report that the Public Prosecutor, Nizamabad, has given an opinion that since the matter pertains to land/plot dispute, the same shall be settled before the concerned civil Court. Hence, the Sub-Inspector of Police, II Town Police Station, Nizamabad, filed the final report on 31.07.2015 referring the case as "Civil Nature". Thereafter, on 15.12.2015, the 2nd respondent herein, who is the de facto complainant in Crime No.161 of 2014, filed a private complaint under Section 200 of Cr.P.C. before the I-Additional Judicial Magistrate of First Class, Nizamabad. By an order dated 05.03.2016, the learned Magistrate after recording the sworn statement of the 2nd respondent herein, took the case on file against the petitioners (A-1 and A-2) and respondents (A-3 and A-4) for the offences under Sections 406, 409, 420 and 506 of I.P.C., and issued summons to them. Challenging the said order of taking cognizance of the case, the petitioners herein filed W.P.No.15320 of 2016 before this Court, which was dismissed as withdrawn vide order dated 20.06.2016, granting liberty to the petitioners to pursue an alternative remedy available under the provisions of the Criminal Procedure Code, 1973. Thereafter, the petitioners filed the present Criminal Petition, seeking to quash the proceedings in C.C.No.107 of 2016.