Kalluru Venkata Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 1664 AP

                HIGH COURT OF ANDHRA PRADESH


MAIN CASE No: CRL.P.No.2458 of 2022

                      PROCEEDING SHEET

Sl.                                                                             OFFICE
         DATE                                ORDER
No.                                                                             NOTE.

1.    07.04.2022   DR,J

                          Notice to the respondents.

Learned counsel for petitioner(s) is permitted to take out personal notice to the 2nd respondent by registered post with acknowledgment due and file proof of service into the Registry.

Post this case after four (04) weeks. The learned counsel for the petitioner submits that the contents of the private complaint is that the complainant has paid Rs.20,90,000/- (Rupees Twenty Lakhs Ninty Thousands Only) to the petitioner and despite several requests, the petitioner did not incline to repay the said amount, which was received as an advance amount for executing sale deed. O.S.No.88 of 2016 is filed by the petitioner for cancellation of the Sale Deed before the II Additional District Judge, Kadapa at Proddatur, in which the complainant has filed written statement admitting the facts and that during the pendency of the said suit also, he made several requests for repayment of the said amount, but the petitioner, only with a malafide intention to cheat the complainant, has not chosen to repay the said amount.

The learned counsel appearing on behalf of the petitioner further submits that the abovementioned suit is filed for the following relief:-

" The plaintiff, therefore prays that he Honourable Court may be pleased to pass a decree and judgment in favour of the plaintiff against the defendant as follows:

(i) To pass a decree for cancellation of agreement of sale, dated 25.10.2012 executed by the plaintiff in favour of the defendant in respect of the suit schedule property,

(ii) To award cost of the suit,

(iii) To grant such other reliefs as the Honourable Court deems fit and proper in the circumstances of the case, in the interest of justice."

After issuing of notices in the said Suit, the complainant has filed written statement admitting the fact of requesting the petitioner for repayment of Rs.20,90,000/- (Rupees Twenty Lakhs Ninty Thousands Only) and pending consideration of the said Suit before the competent Civil court, the present complaint is filed by the defacto complainant and the Police of Proddatur Rural of Kadapa District, entertaining the complaint has registered the crime as FIR.No.96 of 2022 under Section 420 r/w 34 IPC, which is contrary to the observations made by the Apex Court in catena of judgments.

Considering the submissions made and on perusal of the material placed on record, there shall be stay of all further proceedings in FIR.No.96 of 2022 on the file of Proddatur Rural Police Station of Kadapa District.

______________ D.RAMESH, J

PA.