THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11645 of 2011 ORDER: Petitioner-Accused approaches this Court with a prayer to quash the proceedings initiated against him in C.C.No.293 of 2003 on the file of the II Additional Munsif Magistrate, Tirupathi, whereby he is facing charge for the offence punishable under Section 420 IPC. Heard. The case of the complainant is that the respondents 2 and 3 herein are doing real estate business in the name of Navya Chaitanya Housing Pvt.Ltd., and later they changed the name of the company as M/s.Brunda Housing Pvt.Ltd., and that respondents 2 and 3 gave wide publicity in news papers that they are going to start venture for sale of house sites of 200 sq.yards each at Kudipatla village, Thirupathi rural Mandal on easy instalment basis and both R2 and R3 approached her and induced her to become a member in the venture called Sai Nidhi and believing their words, she joined as a member and paid a total amount of Rs.58,075/- and when she demanded for registration of the plot in her favour, they threatened her saying that there is no Navya Chaitanya Housing Pvt.Ltd. and further demanded Rs.4,275/- to register the plot. She refused to pay the amount as demanded by them and filed the present complaint. Learned counsel for the petitioner submitted that the complainant has not mentioned the name of the petitioner in the complaint or made any allegations against him and the petitioner is no way concerned with the alleged transaction and respondents 2 and 3 are wholly responsible for the entire transaction. He further submits that even though his name is not mentioned in the complaint, police filed charge sheet against him also by showing him as an accused. In the facts and circumstances of the case, this Court is of the view that it is a matter to be decided at the time of trial only. Hence, this Court is not inclined to interfere with the trial at this stage. However, considering the nature of offence, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same and he shall properly be represented through his counsel. With the above observation, the Criminal Petition is dismissed. Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO 21st November 2011, Rns.