THE HON’BLE SRI JUSTICE K.S.APPA RAO Crl.P.No.6180 of 2008 O R D E R: The present Criminal Petition is filed by the petitioners-accused seeking to quash the complaint in C.C.No.760 of 2007 on the file of the V Additional Munsif Magistrate, Guntur. Petitioners-accused urged before this Court that the complainant was doing finance business in Guntur. For some time, the business earned profits and thereafter disputes arose between the partners resulted in misappropriation of funds leading to several litigations before various Courts in Guntur. It is also their contention that some of the earlier suits filed by both parties were closed and some are still pending. They further contend that earlier to the present complaint, a similar complaint was also filed by the complainant for the same offence and there is no fresh cause of action for filing the present complaint. Therefore the conduct of the complainant in filing the present complaint is abuse of process of law and needs interference of this Court by exercising powers under Section 482 Cr.P.C. The counsel appearing for the respondent-complainant urged that the earlier complaints filed by the parties were closed and the present complaint is filed when the matter was referred as ‘false’ by the police and the present complaint is filed by the de facto complainant basing on the fresh cause of action after the criminal case pending between the parties was ended in acquittal. Now the point for consideration is whether there are any grounds to quash the proceedings under Section 482 Cr.P.C.? Admittedly, the petitioners and the de facto complainant did business in finance and at present they have discontinued the said business due to financial crisis. It is also an admitted fact that number of criminal cases and civil suits were filed between the parties and some of the cases ended in acquittal and some suits were dismissed. Even as on this day, some litigation is pending between the same parties on the same subject matter. Aggrieved with the action of the police in referring the complaint lodged by the complainant as ‘false’, the present complaint is filed by the complainant under Section 200 Cr.P.C. upon which the learned Magistrate has taken cognizance under Section 202 Cr.P.C. The Magistrate having found prima facie case had taken cognizance of the matter and the same is pending. Since the subject matter of the present complaint and other matters pending before the Civil Courts is one and the same, any finding in this petition will become subjudice and adversely affect the finding of the Courts below. Unless a full fledged trial is taken up about the authenticity of the plea taken by the petitioner’s counsel, no positive finding can be recorded. Therefore, I see no grounds to quash the proceedings under Section 482 Cr.P.C. and the petitioners are at liberty to take all the pleas before the lower Court for their redressal. With this modification, the criminal petition is dismissed. K.S.APPA RAO,J 21st March, 2011. PNV