HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.6173 OF 2007 DATE:19-08-2010 BETWEEN Kapilavai Vijaya Kumar & Another …Petitioners AND Kanjula Yallamanda Reddy & Another …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.6173 OF 2007 ORDER: This petition under Section 482 of Code of Criminal Procedure is filed to quash the proceedings in C.C.No.217 of 2007 pending on the file of I Additional Munsif Magistrate, Narasaraopet, wherein the petitioners were arrayed as accused 1 and 2 and facing trial for the offences punishable under Sections 120-B, 406 and 420 I.P.C. The complaint allegations disclose that the Gold and Silver merchants in Narasaraopet town formed an Association in the year 1984, to which, A.1-first petitioner herein was the President. The said Association jointly purchased land to an extent of Ac.0.54 cents in 1984 creating joint rights to all the members of Association. While the complainant-first respondent herein was working as Secretary to the said Association, a plan was approved for construction of shopping complex in the said site. While so, the first petitioner having conspired with the second petitioner and in collusion with some other members in the Association sold away an extent of Ac.0.45 cents out of the said property. Having come to know of the same, when the complainant protested the said action, the petitioners pacified him saying that the share to the extent of the complainant will be allotted to him in the remaining land of Ac.0.09 cents. However, during the years 1996 to 2004, the petitioners sold away the remaining extent of Ac.0.09 cents of the property without knowledge of the complainant. Having come to the knowledge of the same, the complainant made a representation to the Superintendent of Police, Guntur on 11.8.2003 followed by another representation, dated 30.12.2003. Meanwhile, the second petitioner-A.2 submitted a false representation before the Rural Circle Inspector stating that he had paid Rs.3,00,000/- to the complainant in the presence of one Kasu Venkata Krishna Reddy and others. Later, the complainant made a representation before the Chairman, Mandal Legal Services Authority, Narasaraopet as a pre-litigation affair in P.L.C.No.147 of 2006 for settlement of the issue against the second petitioner-A.2 and having come to know of the same, the petitioners herein started threatening the complainant. It is alleged that the petitioners conspired together to deprive the rights of the complainant in the remaining property of Ac.0.09 cents which was sold by them in the year 2004. Xerox copy of indemnity bond said to be executed by the second petitioner-A.2, dated 27.1.2004 was also filed along with the list of documents. The learned Magistrate took the cognizance of the same for the alleged offences after recording the sworn statement of the complainant. The only contention advanced by the learned counsel for the petitioners is that even according to the complainant, the property was sold during the period 1996 to 2004 and therefore, the present complaint which was filed after lapse of three years for the offence punishable under Section 420 I.P.C. cannot be entertained as it is barred by limitation. This Court does not find any merit in the said contention for the reason that the second petitioner-A.2 by executing an indemnity bond on 27.1.2004 prevented the complainant from lodging the report. The petitioners intentionally induced the complainant so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, which action clearly attracts the offence punishable under Section 420 I.P.C. Further, the second petitioner executed the indemnity bond on 27.1.2004 and whereas the complaint was filed on 17.1.2007 i.e. the complaint is within three years and after recording the sworn statement of the complainant process was issued. In that view of the matter, it is not a fit case to quash the impugned proceedings at this stage. The Criminal Petition is accordingly dismissed. _______________ A. GOPAL REDDY, J. AUGUST 19, 2010 Tsr.