THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.5345 of 2007 Dated:- 20th April, 2010 Between:- K.Srinivasa Chary …Petitioner AND The State of A.P. And another …Respondents THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL PETITION No.5345 of 2007 ORDER: This Criminal Petition is filed by the petitioner, under Section 482 Cr.P.C., to quash the proceedings in C.C.No.62 of 2006 on the file of the VI Metropolitan Magistrate, Medchal at Cyberabad, for the offence punishable under Sections 420 and 406 IPC. On the complaint filed by the second respondent herein, the police, after completing investigation, filed charge sheet against the petitioner, which has been registered as C.C.No.62 of 2006 on the file of the VI Metropolitan Magistrate, Medchal at Cyberabad. The charge sheet allegations go to show that the defacto complainant is the GPA holder and that he had entered into an agreement – cum – Memorandum of Understanding with the petitioner herein to develop the site in Survey No.180 and 181 at Machabollaram, Ranga Reddy District. The defacto complainant says that as per the agreement, a joint account was opened at Vijaya Bank, Patny Centre, Secunderabad branch. It is further alleged that the petitioner herein opened another individual account in the same bank bearing No.240012 in the name of “Vishwa Kharma Private Homes Limited” and started transactions through the later account without the knowledge of the defacto complainant and her husband. It is also alleged that the petitioner has misused the money collected from the customers through cheques to a tune of Rs.20.00 lakhs and thereby, cheated the defacto complainant. The police, after completing investigation, filed charge sheet for the offences punishable under Sections 420, 406 IPC. The learned counsel for the petitioner submitted that there is a written agreement and if the terms and conditions stipulated in that written agreement are violated, the same cannot be treated as cheating and the defacto complainant ought to have sought relief by instituting a civil suit. It is also submitted that a reading of the charge sheet itself shows that the ingredients of Section 420 and 406 IPC are not made out. Whether the petitioner and the respondent have entered into an agreement and opened a joint account or not and whether the petitioner has opened an individual account in the same bank and collected money from the customers and deprived the defacto complainant for due share or not cannot be verified at this stage. Whether opening of individual account and collecting of money from the customers constitute an offence punishable under Section 420 and 406 IPC or not has to be decided by the trial Court after elaborate consideration of the evidence adduced by the prosecution. It is further submitted that no witnesses have been examined by the police, the complainant and her husband and only the Manager of the said bank was examined and no customers were examined and there is no material to show that the money was collected from the customers (common customers) and the cheques so collected and deposited into the individual account of the petitioner. The petitioner may raise all the grounds before the trial Court at the time of seeking discharge, if a petition is filed to discharge the petitioners or at the time of trial. However, it is clear that such enquiry is not contemplated at this stage and the facts cannot be verified in these proceedings. Subject to the above observation, the Criminal Petition is dismissed. _______________________________ JUSTICE B.CHANDRA KUMAR April 20, 2010 Bvv