THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.4867 of 2008 14th December, 2011 Between :- Marisetti Thejonadh and another .. Petitioners And Kola Prabhavathi and another .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.4867 of 2008 ORDER:- This petition has been filed under Section 482 Cr.P.C. by A.1 – Marisetti Thejonadh and A.2 – Marisetti Haranadh Babu in C.C.No.283 of 2008 on the file of the Additional Judicial Magistrate of First Class, Tadepalligudem, West Godavari District, to quash the proceeding therein. The 1st respondent presented a complaint before the Additional Judicial Magistrate of First Class, Tadepalligudem, West Godavari District, alleging, inter alia, that the petitioners 1 and 2 herein induced her to deposit Rs.50,000/- in Kiran Krishna Real Estates and Constructions, Tadepalligudem and accordingly she deposited the said amount. When she demanded for return of the maturity amount, the petitioners made her to part with original FDR Receipt assuring the maturity amount. Subsequently, the petitioners failed to pay the maturity amount and thereby cheated her. The said complaint came to be forwarded to the Police, Tadepalligudem Town P.S. Thereupon, the Station House Officer, Tadepalligudem Town P.S., registered a case in Crime No.103 of 2006. After due investigation, a final report came to be filed stating that the dispute is civil in nature. The complainant presented a Protest Petition before the Additional Judicial Magistrate of First Class, Tadepalligudem. The learned Magistrate examined the sworn statement of the complainant and took the complaint on file as C.C.No.283 of 2008. Hence, this Criminal Petition by A.1 and A.2. Heard learned Counsel appearing for the petitioners and learned Counsel appearing for the respondent No.1 – Complainant and learned Public Prosecutor appearing for the respondent No.2 – State. Learned Counsel appearing for the petitioners submits that the petitioners are only employees in Kiran Krishna Real Estates and Constructions and they have no personal stake in the affairs of the Kiran Krishna Real Estates and Constructions. A further submission has been made that the petitioners are no more employees of Kiran Krishna Real Estates and Constructions as on this day, in which case, continuance of the proceedings against them in C.C.No.283 of 2008 amounts to abuse of process of Court. Learned Public Prosecutor appearing for the respondent No.2 – State submits that C.C.No.283 of 2008 is coming up for examination of witnesses and the sworn statements of the witnesses recorded by the learned Magistrate speak of prima facie case against the petitioners and therefore the petition is liable to be dismissed. Learned Counsel appearing for the respondent No.1 – complainant adopted the arguments of the learned Public Prosecutor. I have gone through the Protest Petition filed by respondent No.1 – Complainant. It is stated in the Protest Petition that the petitioners 1 and 2 made her to part with the original FDR Receipt on assuring the maturity amount and subsequently they failed to pay the maturity amount. Such is the accusation levelled against the petitioners, I am of the view that this is not a fit case to quash the proceedings against them in C.C.No.283 of 2008. Accordingly, the Criminal Petition is dismissed. _________________________ B.Seshasayana Reddy, J 14th December, 2011 smr