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.
SKS,J
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
SKS,J
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.
SKS,J
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
(2012) 10 Supreme Court Cases 155
