HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7783 OF 2010 ORDER: This criminal petition is filed by the petitioner, under Section 482 Cr.P.C., seeking to quash C.C.No.629 of 2008 on the file of the II Addl. Judicial Magistrate of First Class, Tanuku, West Godavari District, taken on file for the offence punishable under Section 420 of IPC. The brief facts of the case are that the petitioner herein availed loan of Rs.1,00,000/- from the defacto complainant, 2nd respondent herein, and executed a mortgage deed in his favour. Subsequently, inspite of repeated demands made by the 2nd respondent to repay the amount, the petitioner did not pay the amount. Hence, the 2nd respondent got issued a legal notice to the 2nd respondent on 02.05.2007 to the petitioner calling upon him to repay the amount, for which he gave reply on 18.05.2007. On receipt of the reply, the 2nd respondent came to know that the petitioner has no title to the property mortgaged to him. In the reply, the petitioner stated that he sold the entire property to one Bogavalli Geethadevi on 24.10.1977. Knowing fully well that he is not the owner of the property, the petitioner executed the mortgage deed in and induced the 2nd respondent to part with a sum of Rs.1,00,000/- to him. Thus, the petitioner is guilty of the offence under Section 420 IPC. Learned counsel for the petitioner submitted that the petitioner has not executed any such mortgage deed in favour of the 2nd respondent and it is forged one. He also submitted that even assuming for a moment that the mortgage deed is executed by the petitioner and the amount is not repaid by him, the limitation for the same is only three years and within the said period the petitioner has not repaid the amount and that in order to convert the civil dispute into criminal dispute, the present complaint is filed. This Court perused the entire record and also the charge sheet. Admittedly, the Investigating Agency filed the charge sheet along with the mortgage deed alleged to have been executed by the petitioner in favour of the 2nd respondent. The genuineness of the said mortgage deed can be agitated before the trial Court. Hence, this Court is not inclined to quash the C.C.No.629 of 2008. Accordingly, the criminal petition is dismissed. __________________ RAJA ELANGO, J 17th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7783 of 2010 (Dismissed) 17th August, 2010 CBS