Telangana High Court
M/S Vbj Capstone Builders Pvt Ltd vs The State Of Telangana on 23 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.10301 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners/accused Nos.1 and 2, seeking to quash the proceedings against them in Crime No.241 of 2023 on the file of Film Nagar Police Station, Hyderabad, registered for the offences punishable under Sections 463, 466 of IPC and Section 67 of ITA.
2. The brief facts of the case are that respondent No.2, out of acquaintance with accused Nos.1 and 2 through one mutual friend namely D.Yugendra, has given loan of Rs.50,00,000/-, Rs.3,60,00,000/- and Rs.15,00,000/- on different occasions. Accused Nos.1 and 2 failed to return the said loan amounts and deceived respondent No.2 by showing false documents and morphed screenshot images. Based on the complaint, a case in Crime No.241 of 2023 was registered by the Film Nagar Police, Hyderabad.
3. Heard Sri Y. Soma Srinath Reddy, learned Counsel for the Petitioners and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1-State.
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SKS,J Crl.P.No.10301 of 2023
4. Learned counsel for the petitioners submitted that respondent No.2 has already filed a complaint vide Crime No.193 of 2022 before the Central Crime Station, Hyderabad and with the same allegations, he again filed a complaint vide Crime No.241 of 2023 on the file of Film Nagar Police Station, Hyderabad. He further submitted that since the financial disputes between respondent No.2 and petitioners are of civil nature, respondent No.2 ought to have sought civil remedies instead of initiating multiple criminal proceedings against the petitioners. Hence, he prayed to allow the Criminal Petition by quashing the proceedings against the petitioners/accused Nos.1 and 2.
5. On the other hand, learned Assistant Public Prosecutor for respondent No.1-State opposed the submissions of the learned counsel for the petitioners stating that allegations in Crime No.241 of 2023 and Crime No.193 of 2022 are different. He also submitted that the present case is in investigation stage and prayed to dismiss the Criminal Petition.
6. Having regard to the rival submissions of both the counsel and upon perusal of the material available on record, admittedly, two complaints viz., Crime No.193 of 2022 on the file of Central Crime Station, Hyderabad and Crime No.241 of 2023 3 SKS,J Crl.P.No.10301 of 2023 on the file of Film Nagar Police Station, Hyderabad, were registered for recovery of money which was lent to petitioners/accused Nos.1 and 2. It is pertinent to note that Crime No.193 of 2022 was registered for the offence punishable under Section 420 IPC and Crime No.241 of 2023 was registered for the offence punishable under Sections 463, 466 of IPC and Section 67 of ITA. It is alleged that after registering of complaint vide Crime No.193 of 2022, the petitioners/accused Nos.1 and 2 assured respondent No.2 to return the loan amounts. In this regard, petitioners gave cheque bearing No.000768 on 04.03.2023. However, the same was dishonoured with an endorsement as 'payment stopped by the drawer' vide cheque return memo dated 07.03.2023. Accused No.1 also cheated respondent No.2 by sending a morphed screenshot of a bank account page of SS Vamana Infracon India Private Limited, showing unclear balance amount of Rs.46,46,34,000/- in accused Nos.1 to 4 account on 18.09.2020. As such, this Court is of the considered opinion that the allegations in Crime No.193 of 2022 and Crime No.241 of 2023 are different.
7. At this stage, it is pertinent to note the judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. 4 SKS,J Crl.P.No.10301 of 2023 Surendra Kori 1, wherein in paragraph No.14 it is held as follows:
"The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material."
8. In view of the above discussion as well as the law laid down by the Hon'ble Supreme Court in Surendra Kori (Supra), this Court does not find any merit in the criminal petition to quash the proceedings against the petitioners and the same is liable to be dismissed
9. Accordingly, the Criminal Petition is dismissed.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date: 23.04.2024 gms 1 (2012) 10 Supreme Court Cases 155