REBALA KISHORE KUMAR REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioners/A1 and A2 in FIR No.198 of 2020 on the file of SHO, CCS, Hyderabad.

(2.) The petitioners are questioning the registration of crime for the offences under Ss. 406 and 420 IPC by the CCS, Hyderabad mainly on the ground that though the civil proceedings were pending between the parties since the year 2009 regarding the property in question, the police erred in registering the crime after the 2nd respondent lost civil litigation right up to the Supreme Court.

(3.) The case of the 2nd respondent is that the petitioners herein, who are A1 and A2 and 7 others were responsible for cheating and committing misappropriation. The 2nd respondent and his family members executed GPA in favour of 1st petitioner herein on 27/3/2006. The 1st petitioner introduced A3 as the Chairman and Managing Director of Trend Set Builders Private Limited for development of 16,660 sq.yds of the property of the 2nd respondent. The petitioners herein obtained signatures of the 2nd respondent and his brother on blank cheques stating that they were necessary for approvals in Government Departments. However, first petitioner opened an account in South Indian Bank and maintained transactions from 2006 to 2010 in collusion with A3. The petitioners and other family members also opened account in Karur Vysya Bank and obtained Demand Draft worth Rs.1,00,80,000.00 stating that they would deduct the said amount from the sale price. Since the said amount of Rs.1,00,80,000.00 was deducted from their accounts, when questioned, the 1st petitioner issued 15 cheques. However, the said cheques issued by the 1st petitioner were returned unpaid. When the said dishonor of cheques was questioned, the 1st petitioner requested the 2nd respondent and his family members not to present remaining cheques and entered into MOU dtd. 7/11/2009 stating that construction would be completed within three years in 16,660 sq.yds. Thereafter, the 1st petitioner entered into agreement with A3 without their knowledge and received an amount of Rs.6.50 Crores. Since disputes arose with respect to the property, the parties approached the civil courts, High Court and Supreme Court.