LAWS(TLNG)-2023-2-85

GOLLAPALLY ADLA NAGASREE Vs. STATE OF TELANGANA

Decided On February 22, 2023
Gollapally Adla Nagasree Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioner/Accused No.2 in C.C.No.1008 of 2022 on the file of I Additional Judicial First Class Magistrate at Mancherial, Mancherial District.

(2.) The petitioner/A2 is working as Superintendent Engineer in R & B Department. A1 is the brother of this petitioner and A3 is the father. The 2nd respondent/defacto complainant was acquainted with A1 and was frequently visiting the house of one Shyam Kumar, listed as witness No.2 in the charge sheet. A1 informed the defacto complainant stating that he was doing contract works in TRANSCO and said that he knew the officers in the department and would provide lineman job in the TRANSCO Department. By saying so, A1 asked for Rs.30.00 lakhs and also informed that a cheque would be given towards security. Accordingly, the defacto complainant paid the amount to this petitioner, A1 and A3 and according to the investigation, an amount of Rs.30.00 lakhs in total. A1 gave cheque towards security to the 2nd respondent. However no job was provided nor the money returned. In the said circumstances, the complaint was filed. The police investigated the case and filed charge sheet for the offences of cheating against this petitioner, A1 and A3.

(3.) Learned counsel for the petitioner would submit that the petitioner is a public servant and has nothing to do with the transactions of the 2nd respondent with A1, if any. Even according to the statements made, bald allegation is made against this petitioner stating that the amount was given to A1 and the family members. In the said circumstances, the question of this petitioner cheating the 2nd respondent does not arise. Learned counsel further submits that several false allegations are made against this petitioner, A1 and A3 and on account of civil disputes between A1 and 2nd Respondent's relative. A cheque was given by A1 when bounced, Sec. 138 of the Negotiable Instruments Act case is also filed and the same is pending adjudication.