The court established that for an offense of cheating, dishonest intention must be present from the onset; mere allegations without proven intent do not warrant criminal proceedings.

JUDGMENT /COMMON ORDER :

Criminal Petition No.5568 of 2020 under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), has been filed by the petitioners/accused Nos.1 and 2, seeking quashment of the proceedings against them in Crime No.216 of 2020 on the file of Amaravati Police Station, Guntur District registered for the offence under Section 420 read with 34 of the INDIAN PENAL CODE 1860 (for short 'IPC').

Criminal Petition No.5569 of 2020 under Section 482 of Cr.P.C., has been filed by the petitioners/accused Nos.1 and 2, seeking quashment of the proceedings against them in Crime No.217 of 2020 on the file of Amaravati Police Station, Guntur District registered for the offence under Section 420 read with 34 of IPC.

Criminal Petition No.5568 of 2020 :

2. The contents of the complaint, in brief, are as follows :

(a) Petitioner/accused No.1, who is the Proprietor of M/s. Sri Sai Lalitha Devi Poultry had taken a term loan of Rs.32,64,000/- on 04.02.2011 under Loan Account No.3106459099 and a Crop loan of Rs.5,00,000/- on 27.08.2012 under Loan Account No.3198965585 from Central Bank of India, Lakshmipuram Branch, Guntur by depositing his property documents and the petitioner/accused No.2, Sri Modepalli Venkateswarlu and Smt. Modepalli Padmavathi stood as guarantors for the said loans.

(b) Petitioner/accused No.1 had executed two registered mortgage deeds vide Doc.Nos.134/2011 and 1940/2012.

(c) Respondent-Bank came to know that the petitioner/accused No.1 sold the mortgaged property of an extent of Ac.1.30 cents in Sy.No.475/43 of Muthayapalem, to the Government of A.P., by executing a Form G-III agreement and as such, they approached the Tahsildar, Amaravati and Revenue Divisional Officer, Guntur for initiation of necessary action and requested to stop the payment of sale proceeds to the petitioner/accused No.1.

(d) RDO Office provided the respondent-Bank the copies of Form G-III executed between the Government of A.P. and petitioner/accused No.1 and bank payment details to which the sale proceeds were credited. However, respondent-Bank has not received any further communication from either of the two offices on the course of action taken on this incident.

(e) Petitioner/accused No.1 sold the said mortgaged property to the Government of A.P., without the knowledge of respondent-Bank and without getting the mortgage deed released, which was held by the Bank as a security towards the entire loan facility and thereby cheated respondent-Bank and the Government of A.P.

(f) As such, respondent-Bank lodged a complaint against petitioners/accused Nos.1 and 2, which was registered as a case in Crime No.216 of 2020 for the offence under Section 420 read with 34 IPC.

Criminal Petition No.5569 of 2020 :

3. The contents of the complaint, in brief, are as follows :

(a) Petitioner/accused No.1, who is the Proprietor of M/s. Sri Hanuman Poultry Farms had taken a term loan of Rs.32,27,000/- on 04.02.2011 under Loan Account No.3106457069 and a Crop loan of Rs.5,00,000/- on 27.08.2012 under Loan Account No.3198960224 from Central Bank of India Lakshmipuram Branch, Guntur by depositing his property documents and the petitioner/ accused No.2 and Sri Modepalli Venkateswarlu stood as guarantors for the said loans.

(b) Petitioner/accused No.1 had executed two registered mortgage deeds vide Doc.Nos.135/2011 and 1941/2012.

(c) Respondent-Bank came to know that the petitioner/accused No.1 sold the mortgaged property of an extent of Ac.1.60 cents in Sy.No.475/43