HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.5604 OF 2008 DATED.27-09-2011 ORDER: This Criminal Petition is filed by the Petitioner/Accused No.2 (For short, ‘A-2’) under Section 482 of Cr.P.C. seeking to quash proceedings in Calender Case No.6 of 2007, pending on the file of the Court of Assistant Sessions Court at Mahaboobnagar, registered for offences punishable under Sections 3, 5 and 6 of Price Money Circulation Scheme (Abolition) Act, 1975. 2. Whereas the Petitioner is A-2, the Respondent No.2 is the De- facto Complainant in the Calender Case. For the sake of convenience, I refer the parties as arrayed in the Calender Case. 3. The brief facts of the prosecution case are as follows : A-1 in this case approached the de-facto complaint at Gokul Wines, Mahabubnagar and introduced himself as Business Development Officer in Maha Life on line marketing Private Limited and represented that A-2 herein was their Managing Director and their office was located at Nagarjuna Nagar, Ameerpet, Hyderabad. Further, he disclosed that their Company was releasing Matrix E bicycle and was opening shortly a new show room in Mahabubnagar Town and demanded to pay an amount of Rs.2 lakhs as advance for arranging dealership to him and took an amount of Rs.5,000/- from the de-facto complainant. Further, A-1 contacted the de-facto complainant over phone for paying the remaining amount and met him near Gokul Wines and gave a pamphlet regarding the said company and promised that he would arrange dealership to him but failed to give any bonds in the name of the said Company nor arranged dealership to him and as such cheated the de-facto complainant. It is also revealed during the investigation of the case that A-1 and A-3 cheated several other innocent public at Nawabpet and Shadnagar areas. Hence, A-1 to A-3 are liable to be punished for the alleged offences. 4. It is the contention of learned counsel for A-2 that in the complaint there is no incriminating material specifically and only in the charge sheet some incriminating material is incorporated against A-2 and in fact there is no other record to incriminate him in this case. It is further contended by him that A-2 does not know who are A-1 and A-3, neither they are employees in the said Company nor commission agents appointed by him for marketing the said E bicycles and hence as A-2 is no way concerned with the activities done by them, the entire proceedings are liable to be quashed so far as A-2 is concerned. 5. The learned Public Prosecutor has filed before the Court Section 161 Cr.P.C. statement and so called confessional statement of A-1, in all those documents it is only stated that A-1 and A-3 are working as Business Development Officers in the Company for which A-2 happened to be Director. None of those records show that A-2 involved in cheating the public along with A-1 and A-3, whereas in those documents there is incriminating material only against A-1 and A-3 with regard to the alleged offences. 6. Now the point for consideration is whether there are sufficient grounds to quash the proceedings as prayed? 7. I have gone through the record. There is no dispute that A-2 happened to be the Director of the Company and the Company was carrying out the said business. Further, the charge sheet reveals that as per the investigation done A-1 and A-3 are friends and they represented themselves as Business Development Officers working under A-2 and they hatched a plan to cheat the public in the name of Maha Life on line marketing Private Limited and cheated the public in the said manner. There is no incriminating material against the A-2 and the proceedings are liable to be quashed. For the foregoing reasons, the Criminal Petition is allowed quashing the entire proceedings against A-2 in the Calender Case No.6 of 2007, pending on the file of the Court of Assistant Sessions Court at Mahaboobnagar. __________________________ G. KRISHNA MOHAN REDDY, J Dated:27-09-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 242 CRIMINAL PETITION No.5604 OF 2008 September, 27, 2011 DSH