B.CHANDRASHEKAR Vs. P.ASHOK KUMAR

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner - de facto complainant to (i) quash the docket proceedings dtd. 7/2/2023 in C.C.No.353 of 2013 on the file of VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, whereby charges were framed against the respondent Nos.1 and 2 - accused Nos.1 and 2 on 7/2/2023 under Sec. 239 of Cr.P.C. instead of 246 of Cr.P.C. (ii) to direct the VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, to take steps in reconstructing the copy of the chief examination of PW1 and follow procedure under Ss. 245 and 246 of Cr.P.C.

(2.) Heard learned counsel for the petitioner - de facto complainant and learned Additional Public Prosecutor for the respondent No.3 - State. Perused the record.

(3.) The petitioner is the complainant before the Trial Court. A private complaint was filed by this petitioner stating that an amount of Rs.40,00,000.00 was taken by the accused for purchase of a property and the balance amount of Rs.3,75,000.00 has to be paid at the time of registration. In spite of repeated requests, accused Nos.1 and 2 who are respondent Nos.1 and 2 herein did not execute the registered sale deed in favour of this petitioner - complainant. The said complaint was taken cognizance of by the VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and after examining PW1 and PW2. Thereafter, charges were framed under Sec. 239 of Cr.P.C. by the learned Magistrate for the offence under Sec. 420 read with 34 of IPC against the accused Nos.1 and 2 on 7/2/2023.