THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL PETITION No.5152 of 2009 Date: 21.02.2011 Between : Mohd. Shoukathulla Khan, S/o.Md.Liaquathulla Khan … Petitioner/Accused And 1. State of A.P. rep. by Public Prosecutor & another. … Respondents/Complainants HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5152 of 2009 ORDER: The petitioner, who is proprietor of M/s. A.K.Tours and Travels, is accused of offences punishable under Sections 406 and 420 IPC in Crime No.332 of 2009 of Saifabad Police Station, Hyderabad. The 2nd respondent, defacto complainant, is the Central Reservation Manager, A.P. Tourism Development Corporation Limited, Hyderabad (in short, the Corporation). The petitioner was tour operator of the corporation under Tour Promotion Scheme (TPS) as agent. Terms and conditions between Tour Promotion Scheme agent and the Corporation are governed by agreement between the parties. It is also stated that the corporation before entrusting money receipt books to TPS agent, collected security deposit and also collected cheques towards security. The dispute between the petitioner and the corporation is with regard to the alleged non-return of money receipt books bearing Nos.B-2318 and A-9180 containing 100 folios and non-accounting of money collected by the petitioner as TPS agent. According to the corporation, the petitioner is due to the extent of Rs.13,98,341/- to the corporation. 2. It is contended by the petitioner’s counsel that, correspondence was going on between the petitioner and the corporation with regard to the liability and also with regard to minimum guaranteed sale of seats from 38 to 32 per tour. It is further contended that, because of recession, the petitioner could not reach minimum guaranteed seats. There is no dispute that there is criminal litigation going on between the parties with regard to offence punishable under Section 138 of the Negotiable Instruments Act for dishonour of cheques issued by the petitioner. 3. In case, there are any dues, payable by the petitioner to the corporation by way of short fall amount, then it gives rise to civil liability between the agent and the corporation. It is not the 2nd respondent’s case that the agent has misused money receipt book Nos.B-2318 and A-9180 and misappropriated the amounts covered by folios contained in those two books. It is not even alleged that the agent had dishonest intention from the time of inception of entering into agency with the corporation. I am of the opinion that, in the absence of the said allegations in the report given by the defacto complainant, the transactions between the petitioner as TPS agent and the corporation, attract only civil liability and not criminal liability, much less under Sections 406 and 420 IPC. 4. In the result, the Criminal Petition is allowed quashing Crime No.332 of 2009 of Saifabad Police Station, Hyderabad, insofar, as the petitioner is concerned. __________________________ SAMUDRALA GOVINDARAJULU, J Dt: 21st February, 2011 ysk HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5152 of 2009 DATED:21.02.2011 ysk