No prima facie case for cheating under Section 420 IPC was established as there was no evidence of deception or dishonest inducement.

ORDER :

Tarlada Rajasekhar Rao, J.

The quoted Criminal petition is filed to call for the records pertaining to C.C. No.670 of 2019 on the file of the Learned Judicial Magistrate of First Class (Mobile Court), Kurnool and to quash the same.

2. The 2nd respondent/complainant has filed a complaint under Section 200 Cr.P.C (for short Code). to take cognizance under Section 190 of the Code for the offence punishable under Sections 354, 384, and 420 IPC, before the Judicial Magistrate of First Class (Mobile Court), Kurnool.

3. Learned Magistrate has referred the matter to the police under Section 156 (3) of the Code, to exercise powers under Section 156(1) of the Code to investigate the case. The police after investigation have filed final report referring the case as false.

4. Aggrieved by the action of the police, the 2nd respondent/complainant filed a Protest Petition before the Judicial First Class Magistrate, Kurnool. The learned Magistrate has taken cognizance for the offence under Section 420 IPC against accused Nos. 8 to 12 and dismissed complaint against accused Nos.1 to 7 and against accused Nos.13 and 14 under Section 203 of the Code.

5. Aggrieved in dismissing the Protest Petition against accused Nos.1 to 7, and accused Nos.13 and 14, the complainant has filed Criminal Revision Petition No.73 of 2017 on the file of the IV Additional District and Sessions Judge, Kurnool, under Section 397(1) of Code against order dated 03.09.2018 in Protest complaint in CC No.988 of 2016 on the file of the Judicial Magistrate of First Class, Kurnool.

6. Learned IV Additional District and Sessions Judge, Kurnool, by an order dated 09.08.2018, has allowed the Criminal Revision Petition filed by the 2nd respondent/ complainant and remanded the matter to the trial Court for fresh disposal with regard to taking cognizance of the offence against the accused Nos.1 to 7 and accused Nos.13 and 14 after considering the statements of witnesses examined by the complainant, police report and other material documents filed by the complainant. However, learned jurisdictional Magistrate by an order dated 12.04.2019 has taken cognizance against the left over accused i.e. accused Nos.1 to 7 and accused Nos.13 and 14 under Section 420 IPC r/w 34 IPC.

7. Aggrieved by order of the learned Magistrate dated 12.04.19, the present Criminal Petition came to be filed to quash the complaint in C.C. No.670 of 2019 on the ground that the ingredients of Section 420 IPC has no application on entire reading of the complaint, even taken as its face value as true, there is no prima facie case was made out against petitioner/accused for the offence under Section 420 IPC and it amounts to abuse of process of law, hence, it is implored to quash the proceedings.

8. Heard Sri Sudhakar Rao Ambati, learned counsel for the petitioners and Public Prosecutor for the 1st respondent and Sri D. Lakshminatha Sastry, Party-in-Person who is the 2nd respondent/complainant.

9. To ascertain whether there are allegations which attracts Section 420 IPC, the relevant portion of the protest petition is hereby extracted:

5. The petitioner submits that he requested the Respondent stating that as he has paid Rs.45,000/- at the time of admission/joining in College at Kurnool, he requested the Respondent the balance amount will be paid within one week. The petitioner stated that he has paid Rs.55,000/- at Vijayawada College the same must be returned to him, for that the Respondent did not heed the words of the Petitioner and stated that to take him to their house. The Petitioner stated that as his vehicle condition is not in good condition, the vehicle tyre also bursted, so he requested them that he will take his girl next day morning, but the Respondent No.8 to 14 did not heed the words of the Petitioner and forcibly sent the girl from their college premises, immediately the Respondent called the Taluk Police, Kurnool by giving false information and high handedly pushed the Petitioner and his daughter from the