PERALA SRINIVAS RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The lis involved in these two petitions being one and the same, both the criminal petitions are heard together and are being decided by way of this common order.

(2.) These Criminal Petitions are filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'). Criminal Petition No.10494 of 2024 is filed to quash the proceedings initiated against the petitioner/accused No.3 in FIR.No.230 of 2024 dtd. 13/7/2024 before the Manuguru Police Station, Bhadradri Kothagudem District, for the offence punishable under Sec. 420 of Indian Penal Code, 1860 (for short 'IPC') and Sec. 5 of the Telangana Protection of Depositors of Financial Establishment Act, 1999 (for short 'TSPDFEA') and Criminal Petition No.10597 of 2024 is filed to quash the proceedings initiated against the petitioner/accused No.2 in FIR.No.236 of 2024 before the Manuguru Police Station, Bhadradri Kothagudem District, for the offence punishable under Sec. 420 of IPC and Sec. 5 of the TSPDFEA.

(3.) The brief facts of this case are that the respondent No.2/de facto complainant lodged a complaint stating that the petitioner, along with two other, has cheated him stating that they work in Akshara Chit Funds (hereinafter referred to as 'Company') and pursued them to join in the chits promising to give extra commission and other bonus in the chit. It is alleged that the respondent No.2 believed in the deceitful words of petitioner and joined in the chit as subscriber in two different chits for an amount of Rs.15,00,000.00 each and made monthly installment payments for 50 months using chit numbers ABCT0IP-23 and ABCT01P-06. However, when the respondent No.2 lifted the chit two years ago and asked the petitioner and other accused persons for returns of his share, no amounts were given to him.