HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.1587 OF 2009
JUDGMENT:
This Criminal Appeal is filed by the appellant/complainant against the order of the learned XIII Metropolitan Magistrate, Ranga Reddy District vide Crl.S.R.No.653 of 2009, wherein and whereby the Court below dismissed private complaint filed by the appellant on the ground that the allegations in the complaint are purely civil in nature and do not attract any of the offences under Sections 405, 420, 441, 384, 506 read with 511 of Indian Penal code.
2. The said order of the learned Magistrate was after adducing evidence of the complainant. According to the statement of the complainant, the complainant is a paddy commission agent and he supplied paddy worth Rs.11,69,385/- to the accused and the accused paid him only Rs.9,17,500/- and an amount of Rs.2,51,885/- is still due. When the complainant questioned for the remaining amount, 2 the accused allegedly beat the appellant. Aggrieved by the same, complaint was filed.
3. As seen from the order passed by the Court below according to the complainant out of the total amount of Rs.11,69,385/-, accused had already paid Rs.9,17,500/-. In the said circumstances it cannot be said that there was any kind of mis-representation or any inducement to part with the property for which reason the allegations of cheating are not attracted.
4. In the said circumstances, when the basis for the complaint is not paying remaining amount of Rs.2,51,885/-, as found by the learned Magistrate, the remedy lies with the Civil Court.
5. Accordingly, the Criminal Appeal is dismissed.
As a sequel thereto, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date:23.08.2022 tk 3 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1587 OF 2009 Dated: 23.08.2022 tk