THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5249 of 2009 BETWEEEN: 1. Rani Durga Bhavani Coconuts … Petitioner/Accused AND 1. State of A.P. rep. by Public Prosecutor & another … Respondents/Complainants HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5249 of 2009 ORDER: The petitioner is Rani Durga Bhavani Coconuts, represented by its Managing partner Sane Srinivasa Rao alias Srinivasulu. The said managing partner is accused of offences punishable under Sections 406 and 420 IPC in Cc.No.700 of 2005 on the file of II Additional Judicial Magistrate of the First Class, Tanuku. It is alleged that the accused used to purchase Coconuts from M/s. Surya Coconuts Traders belonging to Prathipati Prasad Kumar, who is the 2nd respondent herein and that under two bills, the petitioner purchased coconuts from the 2nd respondent to the extent of Rs.45,657/- and Rs.24,545/- and that inspite of repeated demands, the petitioner did not pay the said value and that the petitioner after selling the said stock to his customers, misappropriated the said amount for himself without paying the amounts due to the 2nd respondent. The petitioner is not the agent of the 2nd respondent. Relationship between the petitioner and the 2nd respondent is that of purchaser and seller. There is no entrustment of any goods by the 2nd respondent to the petitioner. In the absence of any such entrustment, the question of applicability of Section 406 IPC to facts of this case will not arise at all. When there was a sale transaction in which the sale price is not paid by the purchaser, then it becomes purely a civil transaction and it cannot amount to cheating, punishable under Section 420 IPC. Taking the allegations in the case on their face value, this Court does not find any criminality in the transaction between the petitioner and the 2nd respondent. The transaction is one, which is purely of civil nature. 2. Hence, the Criminal Petition is allowed quashing proceedings in Cc.No.700 of 2005 on the file of II Additional Judicial Magistrate of the First Class, Tanuku, West Godavari District. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 25.02.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5249 of 2009 DATED: 25.02.2011 ysk