THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.7100/2007 Dt.12-8-2010 1. Motapalli Srinivasa Rao and another. ..Petitioners/A-1 & A-2 V. 1. The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P. Hyderabad and another. ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.7100/2007 ORAL ORDER The petitioners, who are arrayed as A-3 and A-5 in C.C.No.726/2007 on the file of II Additional Judicial First Class Magistrate, Rajahmundry, filed this petition under Section 482 Cr.P.C., to quash the proceedings initiated against them. The petitioners and others were charge sheeted for the offences punishable under Sections 406 and 420 IPC. In the petition, it is alleged that the first petitioner/A-3 is the Manager and the second petitioner/A-5 is the Director of Jana Chaitanya Housing Limited. The Complainant (2nd respondent herein) and his wife joined in the scheme introduced by Jana Chaitanya Housing Limited after verifying the records and decided to purchase the plots in the venture named “Sai Bhavani” in the name of their daughters Sai Apoorva and Lakshmi Aiswarya under Account Nos.349, 350 and 351. As per the conditions of the agreement, if the member fails to pay any one of the instalments within the stipulated time, he has to pay interest at 24% per annum for the defaulted amount, and if the default continues for three months, the agreement shall automatically stand cancelled and the amount paid shall be forfeited. The complainant has not paid the amount within the time specified. Though the company is willing and prepared to repay the amount if the complainant is not willing to obtain the registered sale deeds in favour of his children, the complainant and his wife did not come forward to get the plots registered. In view of the same, continuing proceedings against the petitioners is abuse of process of law and are liable to be set-aside. The allegations levelled in the charge sheet would show that A- 1 who is a Sales Officer of Jana Chitanya Housing Limied, Rajahmudnry Branch came to the complainant (L.W.1) and his wife (LW.2) to join in a scheme introduced by the Company for purchase of plots in G.P.R.Housing Scheme. The complainant and his wife paid Rs.72000/- to A-1 of 9-9-2000 to purchase the plots in the name of their daughters (1) Sai Apoorva and (2) Lakshmi Iswarya. But A-1 deposited the said amount in Jana Chaitanya Housing Limited instead of G.P.R. Hosing Scheme. When questioned A-1, he convinced L.Ws.1 and 2 that he is responsible for the same and plots will be registered after the scheme coming to an end in 2003. Believing the representation of A-1, L.Ws.1 and 2 deposited Rs.4,00,000/- in the name of their daughters. In spite of depositing the amount, the accused did not register the plots. When L.Ws. 1 and 2 questioned A-2 and A-3 about not registering plots, they told the complainant that they are the Managers of the company and they would follow the words of the Managing Director or so. When they enquired, they came to know that A-4 and A-5 are the Managing Director and Directors of Jana Chaitanya Housing Limited respectively and previously they cheated so many persons and came to know that there is no land to be registered by A1 to A-5. Learned counsel for the petitioners submits that no specific overt acts have been attributed against the petitioners/A-3 and A-5, and therefore, proceedings initiated against them are liable to be quashed. I do not see any force in the submission advanced by the learned counsel. Admittedly, A-3 is the Manager and A-5 is the Managing Director of the Jana Chaitanya Housing Limited. A-1 is acting according to the directions of A-3 and A-5 and collected the amount on behalf of the company and therefore, they all cheated the complainant in not registering the plots. It is not a fit case where this court can quash the proceedings initiated against the petitioners. The Criminal Petition is accordingly dismissed. ______________ A.GOPAL REDDY,J Dt.12-8-2010 kmr