A court may dismiss a petition under Section 482 of Cr.P.C. if prima facie evidence exists against the accused, thus necessitating a trial for the substantial justice.

JUDGMENT/ORDER :

The instant petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), has been filed by the petitioners/accused Nos.2 and 3, seeking to quash the proceedings against them in CC No.512 of 2015 on the file of the Court of Additional Junior Civil Judge, Chirala for the offence under Section 420 of INDIAN PENAL CODE , 1860 (for short 'I.P.C.') and Section 56 of A.P. Chit Funds Act, 1971 (for short 'the Act').

2. The allegations mentioned in the complaint, in brief, are as follows :

(a) Respondent No.2/complainant, who has been working as a Lorry Driver since 20 years and accused No.1, who was working as a Carpenter were residing next door to each other.

(b) Accused No.1 alongwith his wife and daughter, who are the petitioners/accused Nos.2 and 3, used to run unauthorized chits, in which respondent No.2 along some others joined as chit members for the total chit amount of Rs.50,000/- and paid Rs.2,500/- per month for 14 months, towards monthly subscription, without any default.

(c) One Polani Murali Krishna, who is one of the members of the said chit became highest bidder, however, accused Nos.1 to 3 had not paid the chit amount to said Murali Krishna and evaded the said payment on one pretext or the other.

(d) When respondent No.2 alongwith other chit members questioned accused Nos.1 to 3, they neither responded properly nor returned the amount paid by them and were absconding by locking the doors of their house.

(e) Based on the complaint lodged by respondent No.2, a case in Cr.No.132 of 2015 on the file of I Town Police Station, Chirala for the offence under Section 420 IPC and Section 56 of the Act has been registered against all accused Nos.1 to 3. After completion of investigation, Police filed charge-sheet which was numbered as CC No.512 of 2015 for the alleged offence.

Grounds for quashment :

3. Being aggrieved by registration of the said case, petitioners/accused Nos.2 and 3 filed the present petition seeking quashment of the proceedings against them on the following grounds.

(a) Respondent No.1-Police failed to produce any evidence against accused Nos.1 to 3 to show that they are maintaining unauthorized chit business.

(b) The ingredients of Section 420 IPC do not attract when the provisions of the A.P. Chit Funds Act, 1971 are applicable.

(c) Failure to pay the balance amount of the bid amount does not come under the ingredients of Section 415 IPC.

(d) There is no evidence against the petitioners/accused Nos.2 and 3 that they run chit business alongwith deceased accused No.1 and the petitioners are implicated in the case as they are the family members of accused No.1.

(e) The 2nd petitioner married to one Goli Gangadhar in the year 2002 and she is an employee in RIMS Hospital, Ongole and has been living with her husband since the date of her marriage.

(f) There are no grounds to continue the proceedings against the petitioners.

Arguments Advanced at the Bar

4. Heard Sri P. Srinivasulu, learned Counsel for the petitioners and Sri Ch. Jayanta Rao, learned Counsel for respondent No.2. Learned Assistant Public Prosecutor for the State/respondent No.1 is in attendance.

5. Learned Counsel for the petitioners/accused Nos.2 and 3 would submit that the petitioners have not committed any offence much less the alleged offence and that there is an inordinate delay in lodging the report. Learned Counsel would submit that no document has been filed by respondent No.1-Police to show