SURYANARAYANA RAJU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner, by name D.Suryanarayana Raju, is the accused in Crime No.350 of 2018 of Jawahar Nagar Police Station of Rachakonda Commissionerate, from the report of the 2nd respondent/de facto complainant-M.Chandra Shekar Reddy. Police registered the same on 10.04.2018 on the date of the report of him for the offence punishable under Section 420 of Indian Penal Code (for short, 'IPC').

(2.) The sum and substance of the accusation in the report of the de facto complainant, dated 10.04.2018, which is corrected by striking 10 made 30.03.2018 reads that the complaint is against M/s.Nandanavana Estates Private Ltd., represented by its Managing Director D.Suryanarayana Raju for criminal breach of trust, cheating by selling non-existing plot and threatening with dire consequences and with that subject, the contents of the report reads that de facto complainant purchased open Plot No.4 Part in Survey Nos.255, 257, 258 and 260 of 200 square yards at Golf Enclave, Kowkoor Village, Alwal Municipality, Malkajgiri Mandal, Ranga Reddy District, from said D.Suryanarayana Raju under registered Sale Deed No.2693 of 2011, dated 17.10.2001. He further averred that with an intention to construct a house in the said plot, on 02.02.2018, he requested said D.Suryanarayana Raju to give him layout copies sanctioned by HUDA to enable him to apply for building permission to Greater Hyderabad Municipal Corporation (for short, 'GHMC'), Alwal Circle, but D.Suryanarayana Raju is not furnishing the layout copy and stating he had not sold at all any plot to the de facto complainant and as if there is no such plot covered by the Sale Deed executed by him in 2001 supra and if he comes again for said purpose, has to face dire consequences. It is further averred in spite of his threat, he approached him six or seven times to furnish the layout copy and other documents pertaining to title of the land, but he is turning a deaf ear. He thereby says constrained to give the complaint against him for the cheating, misappropriation of property, threatening with dire consequences, causing criminal breach of trust, by selling the non-existent property to him in order to cheat him for wrongful gain with knowledge. Hence, to take action.

(3.) The sum and substance of the very FIR, dated 10.04.2018, is said D.Suryanarayana Raju of M/s.Nandanavana Estates Private Ltd. sold a non-existent property in 2001 October, 17th, which is the core of the allegation of the offence of cheating or breach of trust or criminal intimidation. At the other breath, he himself says even allegedly threatened with dire consequences if comes again, he went six or seven times and demanded for HUDA layout approved plan to obtain GHMC building permission, but accused turned a deaf ear. This sentence itself is sufficient to say that there is no any criminal intimidation at all as for the said word of accused even taken as true, he did not fell panic or fear not only that he again and again went and accused did not even later uttered any such word. For that rightly, no offence registered under Section 506 IPC. So also, for no any entrustment to attract any offence of criminal breach of trust or any misappropriation to attract any offence of criminal misappropriation. Now coming to the offence of cheating whether made out, if so, whether there is inordinate delay of 17 days or more in reporting the occurrence and such a crime even if all the ingredients attract sustainable to sub-serve the ends of justice.