T. KAMALAKAR Vs. STATE OF TELENGANA

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioners/A-1 to A-4 under Sec. 482 of the Criminal Procedure Code, 1973 (for short, 'Cr.P.C'), to quash the proceedings in Crime No.22 of 2016 of P.S., Medipally, Cyberabad, Ranga Reddy District.

(2.) The case of the petitioners/A-1 to A-4 was that the Respondent No.2 lodged a private complaint before the III Metropolitan Magistrate, Cyberabad at L.B.Nagar, alleging that he and his wife intending to do Borewell business and to purchase a Borewell vehicle for their livelihood, approached A-1 and obtained a sum of Rs.4.00 lakhs on 2/12/2010. A-1 paid the said sum, through two cheques belonging to A-3, one cheque for Rs.2.00 lakhs and another cheque for Rs.1.00 lakh and paid the remaining Rs.1.00 lakh through the cheque of A-4. All the cheques were dtd. 2/12/2010. The complainant had no direct dealing with A-3 and A-4 and the cheques were given to him by A-1. While availing the said amount by the complainant, A-1 obtained blank signed promissory note, three blank signed cheques and obtained the signatures of the complainant and his wife on bond papers, taken their original pass books and title deeds. For that amount, the complainant paid interest of Rs.80,000.00 from 2/12/2010 to 2/7/2011, but no receipt was issued by A-1. Subsequently, the complainant got work for R.K Transport Company in Singareni Quarry and the complainant was constrained to purchase another Borewell vehicle due to which he obtained a further sum of Rs.6.00 lakhs from A-1. Thus, the complainant totally received a sum of Rs.10.00 lakhs. A-1 got registered one of the Borewell vehicles in the name of his Father-in-law/A-2 as security for the said loan amount. However, the complainant started the work and paid more than Rs.20.00 lakhs to A-1. The payment was made by the complainant to A-1, but due to withdrawing the amount from their cheques, A-3 & A-4 were demanding the complainant to pay their cheque amounts, though the complainant had already repaid the entire amount to A-1. The complainant paid double the principle amount of Rs.10.00 lakhs and expressed his inability to pay more amount. The accused persons in collusion with each other, got alienated the said Borewell vehicle to third parties taking undue advantage of the vehicle standing in the name of A-2 and received the entire sale consideration amount. The complainant, number of times, requested the accused to return the blank signed promissory notes and whatever documents of him which were taken while availing the amount, but the accused did not return the same. The accused persons forcibly, under life threat, obtained the signatures of the complainant on the overleaf of the promissory note that the complainant was still due of the amounts to the accused persons. The accused persons were frequently visiting the house of the complainant and were creating nuisance, abusing him in unparliamentary language as well as threatening him and his wife. A-2 also filed a suit bearing O.S.No.1187 of 2015, on the file of the VIII Additional District Judge, Ranga Reddy District at L.B.Nagar, for recovery of money of Rs.25.00 lakhs by taking advantage of the blank signed promissory note by the complainant.

(3.) On 17/12/2015, A-1 to A-4 came to his house, trespassed, abused the complainant and his wife, damaged the household articles and threatened them with dire consequences. Immediately after the incident, the complainant lodged a complaint to the Station House Officer of P.S.Medipally, but the said Police did not take any action on the said complaint and hence approached the Court with the present complaint. The said complaint was referred to the Police under Sec. 156(3) of Cr.P.C. which was registered as Crime No.22 of 2016 under Ss. 420, 406, 506, 120-B IPC against A1 to A4.