THE HON’BLE SRI JUSTICE A.GOPAL REDDY CRIMINAL PETITION No.6916 of 2007 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C to quash the proceedings initiated against the petitioner for the offence under Section 420 I.P.C in C.C.No.303 of 2007 on the file of the Additional Judicial Magistrate of First Class, Narsapur, West Godavari District. The complaint allegations and the evidence of P.Ws.1 to 4 disclose that the petitioner had borrowed an amount of Rs.2,00,000/- from the second respondent-complainant. In spite of repeated requests made by the second respondent, the petitioner did not repay the said amount. Hence, the matter was placed before the elders. The petitioner admitted before the elders about the receipt of the said amount and promised that he will repay the said amount to the second respondent in the month of May, 2007. Thereafter, the petitioner had sold away his house for an amount of Rs.38,00,000/- and discharged other debts, but however, he did not repay the amount to the second respondent. The petitioner induced the second respondent to omit to initiate any proceedings against him for recovery of the amount borrowed by him and later sold away his house with a dishonest intention, which prima facie attracts an offence under Section 420 I.P.C. Therefore, I am of the view that it is not a fit case to quash the impugned proceedings. Accordingly, the Criminal Petition is dismissed. However, it is made clear that the above observation made by this Court cannot be treated as a finding of guilt of the petitioner. __________________ A. GOPAL REDDY, J Date: 11.11.2010 va