THE HON’BLE SRI JUSTICE V.V.S. RAO CRIMINAL PETITION No.846 of 2008 July 08, 2010 Between: A.Rapjut, S/o.R.K.Rajput … Petitioner AND The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad And another … Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO CRIMINAL PETITION No.846 of 2008 ORDER: This petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.PC) is filed for quashing Crime No.86 of 2007 of L&O P.S. Suryaraopet, Vijayawada. The F.I.R. was registered under Section 420 of Indian Penal Code, 1860 (IPC) on a complaint given by second respondent. A reading of the complaint given by second respondent, resident of Chennai, would show that the dispute between the petitioner and second respondent is relating to payment of money in connection with Lead Generation Project. The report sent by the accuser to the P.S. reads as under. Sir, I did a project named Lead Generation in Chennai with the client named Mr.Rajput (AVO) E-Services, Vizag. The agreement dated 15.10.2005 in Visakhapatnam. Later he told me to come to Vijayawada for project formalities, rules and norms. We stayed in Anupama Hotel on November 17, 2005, at that time he came to the lodge and spoke every thing and told us to start project LIVE on 18th January 2006 in Chennai where we set up the office. After the work completed he did not pay any amount for the project. We paid all the fees and payment which he stated to us for project. When we insisted for the payment, they tell stories and excuse. Please make the legal action to him and recover our money. Mr.Rajput cheated me by evading the payment. The above report to the Police does not even remotely suggest ingredients of offence of cheating under Section 415 read with 420 of IPC. Therefore, if any investigation is made and the prosecution is launched based on such Police report, it would amount to abuse of process of law and result in miscarriage of justice. Therefore, the F.I.R. in Crime No.86 of 2007 of L&O P.S. Suryaraopet, Vijayawada, is quashed. The criminal petition is accordingly allowed. _______________ (V.V.S.RAO,J) July 08, 2010 YS