K. Ramanjaneya Reddy vs The State Through Public ...
2022 Latest Caselaw 4246 Tel

              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,

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

HON'BLE SRI JUSTICE K.SURENDER

CRIMINAL APPEAL No.1587 OF 2009

Dated: 23.08.2022

tk