THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.9284 of 2009 ORDER: The petitioner is accused of offence punishable under Section 420 I.P.C. The case is in investigation stage. According to the 2nd respondent/de facto complainant, he paid Rs.2,60,000/- towards advance for the plot in the Real Estate business being run by the petitioner, when the petitioner agreed to develop in four months. It is alleged that even though the 2nd respondent waited for more than one year, the petitioner neither developed the plot nor come forward to refund the amount. Therefore, the 2nd respondent gave the report alleging cheating on the part of the petitioner. 2. The petitioner’s counsel contends that the amount of Rs.2,60,000/- represents only advance for the transaction and the total amount payable is Rs.10,40,000/- and that since the Real Estate business is not in encouraging condition, the 2nd respondent does not want to proceed with the agreement and seeks refund of the entire balance amount and that as per the agreement entered into between the parties, the 2nd respondent is not entitled for refund of the entire amount. According to the petitioner’s counsel, the petitioner is willing to refund the amount of Rs.2,60,000/- received by him from the 2nd respondent subject to deduction of 15% of the amount as per the agreement. Till now, the petitioner did not come forward with the said offer inspite of the criminal case and consumer case. The 2nd respondent’s counsel fairly submits that if the petitioner refunds the amount with the above deduction of 15% thereof, the 2nd respondent is willing to receive the same and will not proceed further in this crime. The petitioner’s counsel prays for some time for making the said payment. 3. In the circumstances, the petitioner is granted four weeks time from today for repayment of Rs.2,60,000/- subject to deduction of 15% thereof to the 2nd respondent, in which event both the parties will report before the Investigating Officer, and the Investigating Officer after recording statements of both the parties, will drop the case incase the Investigating Officer finds truth and voluntary nature of the statements. In default of payment of the said amount within the prescribed period, the Investigating Officer will be at liberty to proceed with further investigation of the case. No further extension of time will be granted. 4. The Criminal Petition is disposed of accordingly. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:31.10.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9284 of 2009 Dt:31.10.2011 ysk