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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V.SUJATHA, J
Y.Srikanth – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
V.SUJATHA, J.
This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioner/accused seeking to quash the proceedings against him in C.C.No.19 of 2019 on the file of learned Judicial First Class Magistrate, Palamaner, registered for the offences under Sections 420 and 379 I.P.C.
2. The case of the defacto complainant is that he has been operating Narayana School buses on lease basis in Andhra Pradesh, Telangana and Bangalore. Originally, the accused entered into an agreement with Narayana Educational Society for the said purpose and in pursuance of Memorandum of Understanding (MOU) dated 18.07.2013, allowed the defacto complainant as business partner of the accused with 50% of share in transport and maintenance of 59 school/college buses to Narayana Educational Society vide Transportation and maintenance agreement, dated 17.06.2013. While so, after completion of five years, disputes arose in between the defacto complainant and the accused regarding the share in business and after mediations held by the mediators, the defacto complainant got 25 buses as his share and the accused got 32 buses as his share.
3. While the matter being so, the main allegation is that o
The court held that allegations of theft and cheating were unsubstantiated, allowing the quashing of proceedings under Section 482 Cr.P.C. to prevent abuse of process.
The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.
Prima facie evidence of cheating under Section 420 of the Indian Penal Code was sufficient for the Trial Court to take cognizance and proceed with the case.
The court established that civil disputes should not be cloaked as criminal offenses, emphasizing the need for clear evidence of criminal intent to sustain charges of cheating.
Allegations of cheating require evidence of fraudulent intent; mere delay and a civil decree indicate misuse of criminal process.
Criminal proceedings cannot be maintained if they are found to be an abuse of process, particularly when the complainant has previously lost in civil litigation.
The court held that criminal proceedings cannot continue when the underlying dispute is civil in nature, to prevent abuse of the judicial process.
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