The main legal point established in the judgment is that the reasonable apprehension of danger and influence on witnesses can constitute grounds for transferring a criminal case, as provided under Section 407 of the Cr.P.C and supported by legal principles.

ORDER:

This Transfer Criminal Petition is filed by the petitioners/accused under Section 407 of the Criminal Procedure Code (in short, Cr.P.C), seeking transfer of CC.No.288 of 2020 on the file of Judicial First Class Magistrate, at Pulivendla to I Additional Judicial First Class Magistrate, Nellore.

2. The case of the petitioner in brief, is that the he is the Director of the 1st petitioner Company, doing business of supplying cements and building materials to various customers, and undertakes civil contract works. The petitioner submits that the 1st respondent approached them for supply of Vizag steel and JSW cement, and issued quotation on 04.02.2019, and then the 1st respondent agreed the quotation for a sum of Rs.1,03,76,000/- towards supply of Vizag steel and JSW cement, and instructed to start deliveries of material from 02.03.2019. After that, the petitioner said to have been supplied the material to the 1st respondent. At the time of finalizing the deal as per quotation, dated 04.02.2019 one Mr.Babu obtained five empty cheques, drawn on ICICI Bank Limited, Nellore towards security on condition that they would be returned after completion of said transaction of supply of materials as agreed upon. The petitioner alleged that after completion of delivery of material, he requested the 1st respondent to deposit the outstanding amount of Rs.78,998.24 p.s, but the 1st respondent neither paid the outstanding amount nor returned the cheques obtained from him towards security, and thereafter the Director of the 1st respondent Mr.Narreddy Siva Prakash Reddy along with two of his Executives started giving life threats to him for repayment of Rs.1,03,76,000/- by accusing him for not supplying the required material as per the deal, dated 04.02.2019. The main contention of the petitioner is that said Mr.Narreddy Siva Prakash Reddy along with two other Executives in collusion and coercion with Circle Inspector and Sub-Inspector of Police of IV Town Police Station, Dargamitta, Nellore used to call him to the Police Station under the guise of settlement and demanded huge amounts, and thereafter he filed Writ Petition No.1123 of 2020 before this Court, wherein the Court directed the Police not to interfere in civil disputes, but in spite of it he said to have been getting threats for repayment of various amounts, and he gave report to various authorities, including the Hon’ble Chief Minister of Andhra Pradesh on 17.02.2020, seeking for police protection. It is also the contention of the petitioner that a false report of cheating lodged against him at Vedayapalem Police Station, Nellore District for the offences punishable under Sections 420 and 409 of the IPC on 27.09.2021 by one Mr.Boddu Prem Kumar, who claims to be the Manager of the 1st respondent Company, stating that though they have transferred Rs.67,50,000/- to the 1st petitioner for supply of materials as per the deal, he has been cheated and caused wrongful loss to the 1st respondent for not supplying the agreed material. Basing on the said complaint, the Circle Inspector and Sub-Inspector of Vedayapalem Police Station along with their subordinates, and two men of the 1st respondent Company on 03.10.2021 came to Vijayawada when the 2nd petitioner was at his in-laws’ place to visit his pregnant wife, and taken him with them, kept him in a private apartment all the night. Later, said acts grabbed the attention of the media, and then he was remanded, and thereafter he filed Criminal Petition No.6723 of 2021 before this Court to quash FIR, and then the Investigating Officer filed Final Report, dated 17.08.2022 stating that no case of cheating was made-out against him and referred the case as mistake of law, and thereafter he withdrew the Criminal Petition No.6723 of 2021 on 09.09.2022. The petitioner submits that due to threats, he filed private complaint in CC No.1505 of 2022 on the file of V Additional Judicial Magistrate of First Class under Section 190 of the Cr.P.C against Mr.Na