THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.2622 OF 2009 Dated 2-12-2011 Between: Chukka Rama Goud and others. ..Petitioners. And: The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another. … Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.2622 OF 2009 ORDER: This Criminal Petition is filed seeking to quash the proceedings in C.C.No.24 of 2007 on the file of the Judicial First Class Magistrate, Yellareddy. The Second respondent herein is the defacto complainant. On his complaint, the police completed investigation and laid Charge Sheet. It is alleged that the defacto complainant and the petitioners herein are toddy tapers and are residents of Yellareddy village and that the petitioners and others are members of Yellareddy Geetha Parishramica Co- Operative Society, Yellareddy village and that to meet the expenditure in forming the said society, they entered into an agreement with the second respondent to admit him as a member of the said society. It is further alleged that he paid an amount of Rs.40,000/- in two installments i.e., one installment of Rs.20,000 on 25-10-2003 and second installment of Rs.20,000/- on 16-11-2003 and thus became a member of the society and the petitioners herein also executed an agreement and whereby, they agreed to give a share to the defacto complainant from January, 2000 but subsequently, they have not paid him the share nor returned the amount paid by him and thus cheated him. Learned counsel for the petitioner submitted that, in fact, there was no such agreement between the parties and that it is not mentioned that at the initial stage itself, there was dishonest intention and that in the absence of dishonest intention, the ingredients of Section 420 I.P.C. are not made out. Heard the learned counsel for the petitioners and the learned Public Prosecutor. As far as the claim of the petitioners that there was no dishonest intention at the time of entering into the agreement, the same cannot be decided in these proceedings. Similarly, whether the allegations are true or not are also cannot be ascertained in these proceedings and it is for the trial Court to decide those issues. In this view of the matter, I do not see any reason to quash the proceedings pending against the petitioners and as such, this Criminal Petition is liable to be dismissed. Accordingly, this Criminal Petition is dismissed. ___________________ B. CHANDRA KUMAR, J. Date: 2-12-2011 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.2622 OF 2009 Dated 2-12-2011 Dvs