Counsel for the petitioner submits that even if the allegations made in the complaint on the face of it are taken to be true, no offence is made out against the petitioner/accused No.5. After perusing the complaint, this Court finds force in the submission. Furthermore, the petitioner herein has already discharged the loan to M/s.Prudential CoOperative Bank Limited as per the receipt dated 20.10.2007 issued by M/s.Prudential Co-Operative Bank Limited, Rashtrapathi Road, Secunderabad, to the effect that entire loan of Rs.16,50,000/- has been repaid by the petitioner. If accused No.2 who is a donee under the gift deed executed by mother has created equitable mortgage to secure the loan obtained by the petitioner from M/s.Prudential Co-Operative Bank Limited, the same does not fall within the ambit of cheating or conspiracy. There is not even an allegation in the complaint that the petitioner herein was aware of the development agreement between accused No.1 on one hand and accused No.2 on the other hand. In that view of the matter if criminal investigation is allowed to continue against the petitioner/accused No.5, it would result in miscarriage of justice.
