Criminal petition under Section 482 Cr.P.C to quash proceedings for cheating, alleging petitioners were employees and funds were settled via Madras High Court scheme. High Court dismissed petition, holding that fraudulent intention is a disputed question of fact for trial.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY ,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR
CRIMINAL PETITION NO: 7573 OF 2018
Between:
AND
Respondent/State
...2"'* Respondent/Complainant
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to C.C.No.669of2015onthefileofcourtof I Additional Chief Metropolitan Magistrate, Vijayawada and quash the proceedings in CC.No.669 of 2015.
I.A. NO: 1 OF 2018
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the appearance of the petitioner in C.C.No.669 of 2015 on the file of court of on the file of court of I Additional Chief Metropolitan Magistrate, Vijayawada, pending the disposaloftheCriminalPetition.
I.A. NO: 2 OF 2018
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to take out personal notice on the 2nd respondent in the following address, Mylavarapu Dayanidhi, S/o. Venkateshwarlu , Occ; Business, R/o. D.No.41-1-1/2, 5th Lane, Ramakrishnapuram, Vijayawada, Krishna District.
This Petition coming on for hearing, upon perusingthe Memorandumof Grounds of Criminal Petition and upon hearing the arguments of Sri N Siva Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2
The Court made the following Order:
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION No.7573 OF 2018
ORDER:
The present criminal petition is filed by the petitioners/accused Nos.2 to 5 seeking to call for the records pertaining to C.C.No.669 of 2015, on the file of the I Additional Chief Metropolitan Magistrate, Vijayawada and to quashthesame.
- The further case of the 2"^ respondent/defacto complainantis that in order to exploit the citizens in and around the Vijayawada city, the accused No.8 played all sources of gimmicks and
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appointed accused No.7 as a localite and made him as an authorized signatory and the accused No.7 made some ostensible payments and collected a total sum of Rs.50 lakhs.
- Basing upon the said complaint the police had a registereda crime as FIR No.359 of 1996 and after due investigation in the aforesaid crime, the police filed a charge sheet for the offence punishable under Section 420 of the Indian Penal Code, 1860(for short I.P.C”) and the said charge sheet was registered as C.C.No.669 of 2015, on the file of the I Additional Chief Metropolitan Magistrate, Vijayawada and the learned Magistrate issued the summons to the accused and made their appearance before the Court below.
- Assailing the said charge sheet the present criminal petition is filed by the petitioners/accused Nos.2 to 5, on the ground that accused No.8 filed writ petitions vide W.P.Nos. 12437 and 12684 of 1997 before the High Court of Judicature at Madras and some of the creditors also filed I.P.No.18 of 1997. The Division bench of High Court of Madras framed a scheme for settlement of claims of all the depositors and also appointed an administrator for such settlement and sold the properties of the accused No.8 and amounts were realized. Thereafter, said amounts were paid to all the depositors and the petitioners/accused Nos.2 to 5 are no way
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concerned with the said affairs and they are only employeesofthe accused No.8. Hence, they sought to quash the proceedings.
- The ingredients of Section 420 of l.P.C is dishonest and fraudulent intention, and mensrea. Whether the accused is having any dishonest or fraudulent intention or mensrea, to cheat the public or not? is a disputed questions of fact, which has to be decided during the course of trial by leading evidence, and the writ petitions filed by some of the accused were dismissed by thisCourt , as seen from the charge sheet.
- Hence, this Court found no reasons to quash the proceedings. Accordingly, the Criminal petition is dismissed.
As a sequel, miscellaneous petitions, if any, pendinginthis Criminal Petition shall stand closed.
SD/- K KASIRAO ACHARI ASSISTANT REGISTRAR
//TRUE COPY//
(Ay
o SECTION OFFICER
To, 1. The I Additional Chief Metropolitan Magistrate: Vijayawada, Krishna District. 2. The I Additional Chief Metropolitan Magistrate: Vijayawada, Krishna District. 3. The Station House Officer, Krishnalanka Police Station, KrishnaDistrict. 5. One CC to Sri. N Siva Reddy, Advocate [OPUC] 6. Two CC’s to the Public Prosecutor, High Court ofAndhraPradeshat Amaravati [OUT] 7. Three CD Copies SAM sree ■aMst
HIGH COURT DATED:05/01/2024
ORDER
CRLP.No.7573 of 2018
to GjR'es ii\mD5l_
DISMISSING THE CRLP
1 issue framed by the court
Whether the accused possessed dishonest or fraudulent intention to cheat the public, which is a disputed question of fact for trial.
2 provisions across 2 enactments
N.S.T.Madan
Laveena Madan
Monika @ Monika N.Harzani
R.Meenakshi
The State of Andhra Pradesh
Mailavarapu Dayanidhi
Tarlada Rajasekhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
