HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.5701 of 2010 ORDER: This petition is filed under section 482 Cr.P.C. for quashing further proceedings against the petitioner-A.2 in FIR No.124 of 2010 of Suryaraopet PS, Vijayawada City. 2. Heard both sides. 3. On a complaint given by the 2nd respondent herein- authorized signatory of the company, police registered a case against the petitioner-A.2 and another for the offences under sections 120(B), 465, 420, 406 and 403 read with 34 IPC. According to the complainant, A.1 has availed loan facility to a tune of Rs.6,00,000/- for purchase of vehicle Tata HCV bearing No.AP 16 TU 9676 and the petitioner-A.2 was the guarantor and they both signed necessary documents, including the agreement, but however failed to pay the monthly installments. It is further alleged that A.1 in collusion with A.2 has willfully secreted the vehicle with a view to cheat the complainant and the complainant on verification, found that A.1 and A.2 have got the hypothecation endorsement removed from the records of RTO by producing fake document and forging the signatures of the company’s authorized officer and its seal and thereby played fraud on the complainant. 4. Having regard to the nature of the offences alleged against the petitioner-A.2, who is alleged to have colluded and conspired with the principal borrower-A.1 in playing fraud and committed the offences alleged, it is considered not a fit case to quash further proceedings against the petitioner-A.2 by invoking the inherent powers of the Court under Section 482 Cr.P.C. The allegations pertaining to fraud and falsification of records and producing fake documents and forging the signatures, are all matters that need to be investigated to ascertain the truth or otherwise thereof. In the circumstances, it is held that further proceedings in pursuance of FIR No.124 of 2010 against the petitioner-A.2 are not liable to be quashed by invoking the provisions of Section 482 Cr.P.C. However, having regard to the fact that the petitioner-A.2 is only a guarantor, it is directed that A.2 may not be arrested till the investigation is completed and charge sheet is filed. 5. In the result, the criminal petition is dismissed with the above direction. __________________ G.V.SEETHAPATHY, J Date: 10.11.2011 bss