( 1 ) THE petitioner is a practicing Advocate, who filed a private complaint before the X additional Chief Metropolitan Magistrate, secunderabad, complaining the offences punishable under Section 409 and 420 of the indian Penal Code, 1860 (for short "ipc"), against the respondents 1 to 3 herein. However, the Court below, by its order dated 06-06-2005, refused to take cognizance of the said complaint and accordingly rejected the same. Hence, this revision by the complainant.

( 2 ) ORIGINALLY, this matter was taken up for hearing on 18-07-2005 and subsequently, it was adjourned on number of occasions. On notice, the respondents have put in their appearance.

( 3 ) THE petitioner strenuously contended before this Court that the respondents 1 to 3 herein are billionaires and duping people by resorting to various methods and one such method is by collecting funds for Gujarat victims and the said amounts were misappropriated, attracting the definition of section 406 IPC and thereby, committed the offences punishable under Sections 409 and 420 IPC. Even according to the petitioner, he does not have any personal knowledge about the same, but on information from media, he came to know of this and as a law abiding citizen, he thought it fit to bring it to the notice of the Court and filed the present complaint. But, the Court below, without any appreciation, rejected the complaint.

( 4 ) ON the contrary, learned Senior counsel, Sri C. Padmanabha Reddy, appearing for the respondents, opposed the said submissions and stated that the present complaint is a classic example as to how frivolous litigation can be made and if this sort of litigation is encouraged, it is just like opening flood gates and this sort of litigation should be curbed at the threshold.

( 5 ) IN the light of the said submissions, it made necessary forthis Court to look into the complaint filed by the petitioner herein and excerpt it, and it is as under:1. The complainant is an advocate practicing in Hyderabad. The accused no. 1 to 3 are running the Varthatelugu national Daily and also doing other businesses. 2. While so, the complainant came to know through Andhra Jyothi Telugu news paper, vide dates 30-03-2005 to 2-04-2005 that accused No. 1 to 3 have easily cheated the Co-investors in public issues and also the innocent public in the name of Teak plantations. Besides this the accused No. 2 to 3 have exploited the lorry owners and enthusiastic business people in the name of High Way Automation System (HAS), and also in the name of jobs they have looted the unemployed, and also they resorted to misuse of funds that they have collected from the pubic for the purpose of helping the people who got affected by the national calamities. 3. The accused No. 1 to 3 converted the grabbed lands into colonies. Though they announced estimated cost of High way Automation System (HAS) as rs. 200 crores, virtually they have not even spent Rs. 25 lakhs and thereby earned crores of rupees illegally that is to say not less than Rs. 10 crores. 4. In Sanghi Teak plantation project accused No. 1 to 3 have hardly invested rs. 4. 5 crores but they have collected a sum of Rs. 50 Crores from the investors. By the year 2012, they are supposed to pay the promised amounts to all the investors. But all of a sudden they changed their version and asked the investors either to return their bonds at the cost of original amount or to wait up to the year 2042 for the repayment of promised amount. In this way by cheating the investors the accused have earned crores of rupees illegally. 5. In the year, 2001 the accused have collected funds from the people for the purpose of helping the victims of earthquake in Gujarat, but even after lapse of four years they are not explaining how they used the funds i. e. , more than Rs. 67 lakhs which were collected by them. It is also learnt that the above said amount is misused by the accused. By collecting funds for public propose the accused assumed the position of a p

Click Here to Read the rest of this document