HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2525 OF 2010 ORDER: The petitioner/A1 is accused of offences punishable under Sections 307, 420 and 506 I.P.C. along with others. Insofar as the offence under Section 307 I.P.C. is concerned, the allegations are against other accused and not against A1. A1 and the de facto complainant did joint business. There is dispute between them with regard to the said partnership business for which loan was also obtained from the Bank. It is alleged that when the de facto complainant was asking A1 for accounts, A1 was postponing the same and that in the absence of the de facto complainant, A1 took away account books, cheque books, day books, bill books, vouchers etc., relating to the partnership business and that when the de facto complainant questioned A1 about it, A1 abused him in filthy language and threatened to kill him in case he questioned him. It is specific allegation of the de facto complainant that from the beginning i.e., from the inception, with dishonest intention of taking away monies belonging to the partnership business A1 was behaving and in that direction all the books were stolen by A1 from the business premises. No doubt, the police referred the case as one of civil nature. Thereupon the de facto complainant filed private complaint before the Magistrate at Sattenapalli. When the allegation against A1 is that he entertained dishonest intention from the inception of the business, it cannot be said at this stage without trial whether the case is one which is purely of civil nature. Simply because the de facto complainant filed civil suit for rendition of accounts against A1, the case does not cease to be a criminal case in the light of the above allegations made by the de facto complainant in the report and complaint. This is not a fit case for quashing proceedings pending in the lower Court. Hence, the Criminal Petition is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J December 29, 2011 MD HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2525 OF 2010 December 29, 2011 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDRABAD Dated: 29.12.2011 PRESENT THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2525 OF 2010 Between: Mortu Jaya Prasad ..... PETITIONER AND The State of Andhra Pradesh and another ....RESPONDENTS The Court made the following: