HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.8085 OF 2009 ORDER: This Criminal Petition is filed by the Petitioner/Accused No.1 under Section 482 Cr.P.C. seeking to quash proceedings in Calender Case No.1248 of 2008, on the file of I Additional Chief Metropolitan Magistrate, Hyderabad, registered for offences punishable under Sections 406, 409, 418, 420, 424, 427 and 120-B I.P.C. 2. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the Respondents- State. 3. The second respondent filed a private complaint, which has been referred to the police for investigation. The police registered a case in Crime No.761 of 2007 and after completing the investigation, filed charge sheet which is numbered as C.C. No.1248 of 2008. The petitioner and second respondent are brothers. The learned counsel for the petitioner raised two points; his first submission is that there is arbitral clause in the Memorandum of Association of company and therefore if any disputes are between the parties the same have to be referred to the arbitrator. His next submission is that Rs.1.25 crores paid in favour of A-2 is the amount credited to the company by virtue of A-2’s business transaction through Integrated Media Private Limited (For short, ‘IMPL’), represented by Anil Mishra. 4. The learned counsel for the second respondent has taken me through the statement of Anil Mishra, recorded by the police, who categorically stated that they have no connection with the second respondent and that he was not instrumental in finalizing the deal with the Company to which the petitioner is the Director in their Company. 5. The only point that arises for consideration is whether the proceedings are liable to be quashed? 6. When there is an allegation of cheating, misappropriation, criminal conspiracy, the question of referring such offences to the arbitrator does not arise. As far as the contention of the petitioner that Rs.1.25 crores paid in favour of the A-2 is the amount credited to the company by IMPL is concerned, the statement of the said Anil Mishra recorded by the police and the signature of IMPL clarifies the position as far as the present proceedings are concerned. Truth or otherwise of the allegations cannot be gone into in the quash proceedings, it is for the trial Court to determine whether the allegations are true or not. Accordingly, I do not see any reason to quash the proceedings. Hence, the Criminal Petition is dismissed. _____________________ B. CHANDRA KUMAR, J Dated:15-12-2011. Dsh. THE HON'BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.8085 of 2009 Date:15-12-2011 DSH.