THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.5777 OF 2009 Dated : 24.11.2009 Between : Avinash Tiwari ….. Petitioner/A.1 a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.5777 OF 2009 ORDER : This criminal petition under Section 482 Cr.P.C. is filed by the petitioner/A.1 seeking to quash proceedings against him in crime No.755 of 2008 of Madhapur Police Station, Cyberabad, registered for the offence punishable under Sections 420, 120B and 109 I.P.C. 2) Heard. 3) The allegation against the petitioner is that he along with other accused entered into an agreement of sale with the son of the de facto complainant by taking Rs.10 lakhs as an advance with regard to land in Sy.No.94 of Kondapur Village, which was in disputes, and later the accused agreed to return the advance amount taken by them, but failed to do so. 4) The dispute appears to be somewhat civil in nature and further more the de facto complainant could have taken recourse to Section 138 of Negotiable Instruments Act. Hence, in the circumstances of the case, it is directed that the petitioner shall not be arrested till filing of charge sheet, if any. The investigation and consequential steps on the basis of investigation shall go on. 5) Accordingly, the criminal petition is disposed of. ______________________ P.SWAROOP REDDY, J 24th November, 2009 SUR