Sri Dilip Jain Ranawat vs The State Of Telangana And Another
2021 Latest Caselaw 245 Tel

          THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                     CRIMINAL PETITION No.381 OF 2021

ORDER:

This petition is filed under Section 482 Cr.P.C., to quash the

proceedings in FIR No.198 of 2020 on the file of Marredpally Police

Station, Secunderabad. Petitioner is accused in the said Crime. The

offences alleged against the petitioner are under Sections 406 and 420

IPC.

2. Heard Sri J. Srinivas, learned counsel for the petitioner and

the learned Public Prosecutor. Perused the record.

3. Learned counsel for the petitioner would submit that there

are disputes between the petitioner and 2nd respondent with regard to

supply Sumeet Mixie Grinders. In the complaint, the 2nd respondent

stated that the contract was started on 25.02.2014 and the petitioner

has supplied the material up to the year 2016. The 2nd respondent has

realized in the year 2018 that the petitioner has cheated him. The

complaint was lodged on 24.12.2020. Therefore, there is delay of

about two years in lodging the complaint. The transaction between the

petitioner and the 2nd respondent is a commercial transaction. He

would further submit that the police, without following the guidelines

issued by the Apex Court in the judgment in Lalita Kumari v. State

of Uttar Pradesh1, have registered the present case.

2014 (2) SCC 1

4. A perusal of the complaint would reveal that the transactions

between the petitioner and the 2nd respondent are commercial

transactions and there are disputes between the petitioner and the

2nd respondent with regard to the said transactions.

5. Considering the said aspects and also the fact that the

punishment for the offences alleged against the petitioner is seven

years or below seven years, this Criminal Petition is disposed of

directing the Investigating Officer in Crime No.198 of 2020 on the file

of Marredpally Police Station, Secunderaad, to follow the procedure

laid down under Section 41-A Cr.P.C., and also the guidelines issued

by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar and

another2. Till completion of investigation and filing of charge sheet,

the Police are directed not to arrest the petitioner. The petitioner shall

cooperate with the Investigating Officer in all respects in concluding

the investigation of the crime by producing documents and the

information as sought by the Investigating Officer.

Miscellaneous petitions, pending if any, shall stand closed.

_________________ K. LAKSHMAN, J February 03, 2021

KTL

(2014) 8 SCC 273