THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4460 of 2010 ORDER: Petitioners/Accused approached this Court with a prayer to quash the proceedings initiated against them in Crime No.49 of 2010 on the file of Bhadrachalam Town Police Station, Khammam District. Brief facts of the case as per the complaint filed by the complainant are as follows: Petitioner No.1/Accused No.1 is the Correspondent of Dr.Paul Raj Engineering College, Meduvai, Bhadrachalam Mandal of Khammam District, while petitioner Nos.2 & 3/A-2 & A-3 are the former and the present Principals of the said college. The complainant/2nd respondent herein was a student of the petitioners’ College. Having qualified in EAMCET in the year 2004, the complainant took admission in Mechanical Engineering Course in the college of the accused. Subsequently, he discontinued his studies in the II Year. Thereafter, as his original certificates were in possession of the accused, he requested the accused to return his original certificates and also to give the Transfer Certificate. At that time, he was asked to pay the fee for the entire 4 years Course, for which A-1 promised to return the excess fee after consulting A-2, and accordingly, he paid the amount. Further, A-1, at the instigation of A-2, forcibly obtained a letter from the complainant as if he was voluntarily paying the fee for entire 4 years course. After paying the fee and execution of the letter, the accused gave the Transfer Certificate and also the original testimonials to the complainant on 22.09.2005. Thereafter, the complainant and his father approached the accused on several occasions to return the fee that was collected towards the remaining two years Course also, but the accused postponed the matter on some pretext or the other. Ultimately, the complainant got issued a legal notice to the accused demanding to return the amount. Thereupon, the accused got issued reply notice dated 14.11.2008 with false and baseless allegations to avoid the payment of the fee amount. Thereafter, the complainant got issued a rejoinder dated 23.11.2009 and the accused, having received the rejoinder, again got issued a reply dated 19.12.2009 and did not return the amount. Later, the complainant approached the police to take necessary action against the accused, but in vain. Hence, the present private complaint. Heard. The complainant filed the present private complaint before the concerned Court and the same was referred to Bhadrachalam Town Police Station, Khammam District, under Section 156 (3) Cr.P.C., for investigation. Thereupon, the police registered the said complaint as a case in Crime No.49 of 2010. A perusal of the entire records reveals that after a lapse of three years from the date of receipt of the original testimonials, the complainant got issued a legal notice dated 18.10.2008 to the petitioners to repay the excess fee paid by him. Thereupon, the accused issued reply notice dated 14.11.2008 stating that the complainant addressed a letter on 30.09.2005 in his own hand writing in which he stated that he has already paid two years fee and was willing to pay remaining two years fee also. In the above circumstances, this Court is of the view that the offences alleged against the petitioners are not made out, as such, the proceedings in Crime No.49 of 2010 on the file of Bhadrachalam Town Police Station, Khammam District, are quashed. Accordingly, the Criminal Petition is allowed. The miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 13.10.2011 v v