THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 10123 of 2011 ORDER: This Criminal Petition is filed under Section 482 of Criminal Procedure Code by the Petitioners-A2 to A4 seeking to quash the proceedings against them in C.C.No.552 of 2011 on the file of the X Additional Chief Metropolitan Magistrate, Secunderabad, whereby they are facing charge for the offence punishable under Sections 420, 468, 471, 406, 403, 506 and 120(b) IPC. 2. Heard both sides. 3. It is the case of the complainant that the petitioners-accused and the first accused lured her and her husband by taking an amount of Rs.16,38,000/- under the guise of renovating their house and failed to do so after receiving the said amount. The complainant’s husband is having ancestor’s house at Kamareddy and he wants to renovate the said house. At that time, they came across the advertisement given by the first accused in Deccan Chronicle English News Paper and contacted A1, on which A1 visited their house and after discussions both were entered into a memorandum of understanding on 17.08.2009 and on the same day, the complainant gave a cheque for Rs.3.00 lakhs and later in total she gave 13 cheques on different dates amounting to Rs.16,38,000/-. After completion of two months, when they visited the site, she and her husband were surprised to see that there was no progress in the work and on enquiry with their banker, they came to know that the cheques issued by the complainant were encashed by A2 to A4, the petitioners herein. Hence the complaint. 4. Admittedly, the respondent-police completed investigation in this case and also filed charge sheet. Since the charge sheet reveals prima facie allegations against the petitioners, this Court is not inclined to interfere with the trial at this stage. 5. Accordingly, the Criminal Petition is dismissed. In any event, since the petitioners’ counsel seeks for dispensation of the presence of the petitioners before the trial Court, considering the same, the presence of the petitioners before the trial Court is dispensed with except the dates on which the learned Magistrate insists for their appearance and they shall be properly represented through their Counsel. 6. The Miscellaneous Petitions, if any, filed along with this Criminal Petition shall stand closed. __________________ JUSTICE RAJA ELANGO 5th November 2011 Rns