HON’BLE SRI JUSTICE P.S. NARAYANA CRIMINAL PETITION No.1337 of 2008 Date: March 12, 2010 Between: Ashok Chand Jain. … Petitioner And 1. The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad and another. … Respondents * * * ORDER: Heard the counsel. 2. The criminal petition is filed to quash the proceedings in C.C.No.238 of 2007 on the file of Special Mobile Court, R.R. District at L.B. Nagar. 3. The allegations in the charge sheet are that prior to 18.5.2005 the petitioner/accused took an amount of Rs.16.00 lakhs as hand loan from the complainant-second respondent (Rajendrakumar Jain) during the years 2001 to 2004 for purchase of plot and did not refund the same in spite of repeated requests and thereby cheated the complainant. On 12.5.2005 when the complainant along with his family members went to the house of the petitioner/accused to ask the said amount, the petitioner/accused threatened them with dire consequences. 4. Several grounds also had been averred. Reliance was placed on the following decisions. (1) Ram Biraji Devi and another v. Umesh Kumar Singh and another[1]. (2) Vir Prakash Sharma v. Anil Kumar Agarwal and another[2]. (3) The State of Kerala v. A. Pareed Pillai and another[3]. 5. In fact Criminal Petition No.6570 of 2007 had been allowed by this Court. On a careful reading of the allegations this Court is satisfied that this is a civil dispute. 6. In the light of the same, the criminal petition is allowed. ___________________ (P.S. NARAYANA, J) Date: March 12, 2010 BSB [1] (2006) 6 Supreme Court Cases 669 [2] (2007) 3 Supreme Court Cases (Cri.) 370 [3] AIR 1973 Supreme Court 326