THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.6025 of 2009 BETWEEEN: Kota Ramesh Reddy … Petitioner AND 1. The State of Andhra Pradesh through Public Prosecutor & another … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6025 of 2009 ORDER: The petitioner is accused of the offence punishable under Section 420 I.P.C. in CC.No.113 of 2009 on the file of Judicial Magistrate of the First Class, Armoor, Nizamabad District. It is alleged that on the representation of the accused to obtain BSNL (Bharat Sanchaar Nigam Limited) Pre- paid SIM cards dealership to the 2nd respondent/de facto complainant, the 2nd respondent gave two Demand Drafts for Rs.2,00,000/- and Rs.1,150/- in the name of A.O (cash) BSNL, Hyderabad to the accused and that ultimately, no dealership was granted to the 2nd respondent and that the petitioner did not return the amounts covered by the Demand Drafts and that when enquired in BSNL office, Hyderabad, the 2nd respondent was informed that the above amounts were returned to the petitioner. 2. It is contended that it is not known on what basis the amounts were returned to the petitioner and that it is for the BSNL to return the amounts to the 2nd respondent. It is a matter for evidence as to in whose name application was made along with the above two Demand Drafts by the accused. The amounts could have been returned to the accused, in case the application was made in the name of the accused. It is a matter for evidence to be placed before the trial Court. Secondly, the fact that a Civil Suit is pending for recovery of the amount filed by the 2nd respondent against the petitioner, is no ground to quash the criminal proceedings for the offence under Section 420 I.P.C. I do not find any reasons to quash the proceedings in the lower Court. 3. Hence, the Criminal Petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 10.03.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6025 of 2009 DATED: 10.03.2011 ysk