HONOURABLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No. 5470 OF 2008 ORDER: This Criminal Petition is filed under Section 482 of Cr.P.C. to quash proceedings in C.C. No.327 of 2007 on the file of the Special Mobile Magistrate at Guntur. The facts which led to the filing of the Calendar Case are as follows: The 1st petitioner-accused No.1 herein borrowed a sum of Rs. 60,000/-, Rs.70,000/- and Rs.20,000/- respectively from the 1st rspondent/defacto complainant and executed three promissory notes. Subsequently, as he failed to pay the amounts, the 1st respondent-complainant filed three suits, viz; O.S. No. 1582 of 2004, 1585 of 2004 and 1770 of 2004 before the I, II and III Additional Junior Civil Judges’ Courts, Guntur, respectively. Thereafter, there was a compromise between the parties and the 1st petitioner agreed to pay a sum of Rs. 2,20,000/- with simple interest at 12% per annum, subject to bearing the costs by respective parties in the suits. The 1st respondent also alleged that the petitioners-accused Nos. 2 and 3 obtained his signatures on three full satisfaction and settlement memos by deceitful means and got the same filed into the Court, on the basis of which, all the three suits were dismissed. Hence, the 1st respondent-complainant filed a complaint before the Special Mobile Magistrate, Guntur, which was forwarded to the Station House Officer, Nagarem Law and Order Police Station under Section 156(3) Cr.P.C. for investigation and report. It is also stated that subsequently, the Station House Officer, Nagarem Law and Order Police Station filed final report dated 19.11.2005 to the effect that the complaint was false. The petitioners allege that the 1st respondent/complainant having received the entire amount filed the complaint with a mala fide intention to have unlawful gain. Hence, the present criminal petition. The main contention of the learned counsel for the petitioners is that when full satisfaction and settlement memos signed by all the parties were filed before the Civil Court stating that the complainant received the suit amounts with interest and costs on the basis of which the suits were disposed of by the Court below, it cannot be said that the petitioners have indulged in cheating the complainant in the manner alleged by the 1st respondent-complainant and hence it is a fit case to quash the proceedings. Therefore, what is to be seen is whether there are sufficient grounds to quash the proceedings or not. It is pertinent to note here that according to the complainant, the full satisfaction memos and the settlement memos were obtained by fraud and on that basis, the suits were closed without actually making payment of the amounts. Simply because the Civil Court accepted the full satisfaction and settlement memos, it does not mean that the claim of the petitioners is correct. It has to be ascertained as to whether any such fraud was played by the petitioners. However, the said fact can only be decided during the course of trial and this Court cannot decide the same in these proceedings. Hence, I am not inclined to quash the proceedings. The criminal petition is accordingly dismissed. _____________________________ G. KRISHNA MOHAN REDDY,J Date: 15.4.2011 pnb