THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2997 of 2009 Dated:06th Agusut, 2010 Between: 1. M/s. Uday Kiran Housing Pvt. Ltd. Rep. by its Managing Director, 204, Chaitanya Chambers, Beside Petrol Bunk, Chaitanyapuri, Hyderabad. & Ors. ….Petitioners and 1. Smt.CVSS Lakshmi & Anr. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2997 of 2009 ORDER: This Criminal Petition has been filed by the accused in Crime No.12 of 2009 of Ghatkesar Police Station, Ranga Reddy District, registered for the offences under Sections 420, 406 r/w.34 IPC with a prayer to quash the complaint therein. 2. The 1st respondent herein filed a complaint before III Metropolitan Magistrate, Cyberabad at L.B.Nagar, Hyderabad, alleging, inter alia, that the petitioners herein collected various amounts from her on the promise of allotting two plots viz., C4 and C5 at Ushasri Gardens, situated in Survey No.134 of Pasumamula Village Gram Panchayat, Hayathnagar Mandal, R.R. District. Despite receiving money from her, the petitioners failed to execute the registered sale deeds in respect of plots for which amounts have been collected from her. She also issued a legal notice dated 24.07.2008 directing the petitioners to execute the registered sale deeds in her favour in respect of Plot Nos.C4 and C5 in Ushasri Gardens. According to her, the petitioner 2 to 4 threatened her with dire consequences when she approached them to execute the registered sale deeds in respect of the plots, for which amounts have been paid. The complaint filed by her came to be forwarded to the Station House Officer, Ghatkeshwar Police Station, under Section 156(3) Cr.P.C. Thereupon, the Station House Officer, Ghatkeshwar P.S. registered a case in Crime No.12 of 2009 for the offences under Sections 420, 406 r/w.34 IPC. Hence, this Criminal Petition by the petitioners/A1 to A4 with the prayer stated supra. 3. Heard learned counsel appearing for the petitioners and learned counsel appearing for the 1st respondent/de facto complainant and learned Additional Public Prosecutor appearing for the 2nd respondent. 4. Learned counsel appearing for the petitioners submits that the petitioners executed a registered sale deed in favour of Chilukuri Srinivasa Murthy, who is the son of the 1st respondent, on 01.09.2007 and therefore, there is no deception on the part of the petitioners and in which case, the FIR in Crime No.12 of 2009 of Ghatkeshwar P.S. is liable to be quashed. Learned counsel refers certain receipts filed along with the material papers. 5. I have gone through the material papers filed along with the petition. The particulars mentioned at Pages 34 to 36 of the material papers, relate to Plot No.B35. Whereas, the grievance of the 1st respondent/de facto complainant is that she paid money in respect of Plot Nos.C4 and C5 and the petitioners having collected substantial amount from her, failed to execute the registered sale deeds. She also issued a legal notice dated 24.07.2008. The petitioners did not choose to give any reply to the said legal notice. To understand the grievance of the 1st respondent/de facto complainant, I deem it appropriate to refer paras.7 and 8 of the complaint, which read as hereunder: “7. It is submitted that the accused No.2 being the Managing Director of accused No.1 Company played fraud with the complainant by committing Criminal Breach of Trust and also Cheated her by making false statements and also threatened her with dire consequences to forego the amount of Rs.1,40,000/- paid by the complainant for the purchase of the said House Plots and thereby committed the penal offences which are punishable under the law of Criminal Jurisprudence and also under the Civil Law. The accused No.3 & 4 have supported their illegal activities and assisted them throughout in succeeding in their attempts to defraud the subscribers at large numbers including the complainant apart from that accused No.3 threatened the complainant by abusing in filthy language and threatened the complainant with dire consequences that the complainant should not disclose this issue before any person or authority and hence committed the offence punishable under Indian Penal Code and accused No.4 threatened the complainant stating that he will see the end of the complainant if she approach any authority for any redressal for which he is also punishable for the offence under penal laws. 8. It is submitted that the complainant got issued a legal notice dated 24.07.2008 through registered post with acknowledgment due to the accused stating that to execute the Registered Sale Deeds in favour of her in respect of the plot Nos.C4 and C5 “USHA SRI GARDENS” situated in Sy.No.134 of Pasumamula Village, Gram Panchayath, Hayathnagar Mandal, R.R. District by receiving the balance sale consideration within a period of 15 days from the date of receipt of the legal notice. Inspite of receiving the legal notice dated 24.07.2008 the accused did not turn up to reply to the legal notice. But, however, the accused No.2 approached and requested the complainant that because due to some internal disputes between him and the accused No.3 and 4 they could not register the plots in her favour as promised by them within the stipulated period and sought time till the end of November, 2008 for registration of plots in her favour. Inspite of the time granted by the complainant to the accused for registration of plots in her favour the accused No.2 to 4 did not come forward and deliberately with dishonest intention to cheat the complainant made false promises. Hence, the complaint.” 6. The complaint averments, prima facie, disclose that the 1st respondent/de facto complainant has been induced to part with money on the promise of execution of registered sale deeds in respect of Plot Nos.C4 and C5 in Ushasri Gardens. Therefore, this is not a fit case to quash the FIR in Crime No.12 of 2009 of Ghatkeshwar P.S. by invoking the inherent powers under Section 482 Cr.P.C. 7. Accordingly, the Criminal Petition is dismissed. The interim stay granted on 30.04.2009 stands vacated. ______________________ B.SESHASAYANA REDDY, J. Date:06th August, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2997 of 2009 Dated:06th August, 2010