HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2582 OF 2010 ORDER: The petitioners 1 and 2/A1 and A2 are accused of offences punishable under Sections 418 and 427 I.P.C. A2 is Sales Manager of A1. A1 is doing business of selling and marketing of various products under brand name ‘NIMA’ all over India. The allegation in this case is that the accused removed the complainant/first respondent as stockist at Bobbili and appointed some other person as stockist in his place for Bobbili and that because of the said sudden removal of complainant as stockist he suffered total loss of Rs.36,928-85 ps. According to the first respondent, there is difference in valuation of the stock returned to an extent of Rs.19,611-85 ps. and there was heavy loss to him as retail customers evaded to pay the dues to him and damaged stocks worth Rs.69,000/- were not taken return by the accused. Even if all the said alleged losses are taken into account, the total loss arrived at by the complainant is Rs.36,928-85 ps. The relationship between the complainant and A1 is purely a contractual relationship and in case there is any violation of the terms of contract by any of the parties, then the other party is entitled to claim damages therefor from the party who violated terms of the said contract. Violation of terms of the contract between the parties will not clothe any party with any remedy under criminal law. On reading of the entire allegations in the complaint, this Court does not find any element of cheating in this case alleged against the accused much less any mischief contemplated under Section 427 I.P.C. This Court finds that subject matter of this case is purely of civil nature. Hence, the Criminal Petition is allowed quashing the proceedings in C.C.No.129 of 2009 on the file of Additional Judicial Magistrate of the First Class, Bobbili, Vizianagaram District. _____________________________ SAMUDRALA GOVINDARAJULU, J December 29, 2011 MD HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2582 OF 2010 December 29, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDRABAD Dated: 29.12.2011 PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2582 OF 2010 Between: M/s. NIMA Marketing Enterprise and another ..... PETITIONERS AND Naramsetti Tavitisetti and another ....RESPONDENTS The Court made the following: