THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5946 of 2011 ORDER: The present Criminal Petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Crime No. 295 of 2011 on the file of the Hayathnagar Police Station of Ranga Reddy District for the offence under Section 406 of the Indian Penal Code, 1860. The 2nd respondent herein lodged a complaint against the petitioner, who is a builder with regard to the failure of the petitioner herein to construct the building and thereby causing loss. The learned counsel for the petitioner contends that it is a case of pure civil nature and the criminal complaint is not maintainable. But, however, as can be seen from the complaint, the petitioner herein when approached several times did not even respond. Thereby his conduct speaks that he was not acting bona fidely and whether there was any criminal intention at the instance of the contract itself or not has to be decided only by investigation. Therefore, at this stage, it is not a case for quashing of the proceedings. However, there shall be stay of the arrest of the petitioner-accused till filing of the charge sheet. Accordingly, the Criminal Petition is dismissed. ________________________ N.R.L. NAGESWARA RAO, J Date: 19-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5946 of 2011 DATE: 19-07-2011 MR