MOHAMMED HASSAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioners in C.C.No.1470 of 2019 on the file of III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, for the offences under Sec. 420, 406, 354, 506 of IPC.

(2.) The case of the prosecution is that A1 promised to construct a residential building in the plot of the 2nd respondent situated at Road No.10 Banjara Hills. Initially an amount of Rs.10.00 lakhs was collected and promised to complete the construction within a time frame of 18 months. Total amount of Rs.1,06,20,628.00 was given by the complainant and according to him, construction was worth only Rs.50.00 lakhs. However A1 absconded without completing the work. The complainant/2nd respondent traced the 1st petitioner and pursued with the payment of remaining amount. On 20/9/2018 at 7.00 p.m, both the petitioners entered into the house of complainant and abused the complainant and went away with the complainant's hand bag. The hand bag contained blank cheque books and other important documents. Suspecting that the cheques would be misused, 'stop payment' instructions were given to the Bank. Again on 7/10/2018, both the petitioners trespassed into the house of the complainant along with some others and abused him and his wife. The petitioners threatened that they would eliminate all the family members. After the said incident, complaint was lodged with the Banjara Hills Police Station on 10/10/2018. The Police, Banjara Hills P.S called the petitioner, who stated that the MOU documents and cheques were all destroyed. However, one cheque for Rs.5.00 lakhs was presented, but the same was returned unpaid for the reason of the 'stop payment' directions from the complainant. On 4/7/2019 around 9.30 a.m, two persons stopped the complainant and threatened to transfer an amount of Rs.80.00 lakhs in the name of the 1st petitioner, failing which, the said persons threatened of dire consequences. Aggrieved by the said acts, a complaint was again filed with the Banjara Hills Police Station on 5/7/2019. The police having investigated the case, filed charge sheet.

(3.) Learned counsel appearing for the petitioners would submit that though there was settlement in between the parties on 7/9/2019 and 5/8/2019, the petitioners have been falsely implicated and prosecuted. Since there is an outstanding, the complainant has deliberately made false accusations of criminal trespass and filed the case.