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2006 Supreme(Bom) 1762

RAMESH RANGANATHAN
Villa Naga Lakshmi – Appellant
Versus
Mutta Srinivasa Rao – Respondent


Advocates Appeared
C. PRA VEEN KUMAR, for Petitioner.
T. NIRANJAN REDDY (for No.1) and Public Prosecutor (for No.2), for Respondents.

JUDGMENT:-

1. Seeking to have the proceedings in C. C. Nos. in, 277 and 287 of 2004, on the file of VII Metropolitan Magistrate, Visakhapatnam quashed, the sole accused, in these three criminal cases, has filed Criminal Petition Nos.4350, 4351 and 4352 of 2004 before this Court. Since the petitioner accused is the same in all the three cases, and as the question of law which arises for consideration is similar, all the three criminal petitions were heard together and are now being disposed of by a common order. 2. The allegations in the complaint, filed in c.c. No. in of 2004 under Sections 138 and 142 of Negotiable Instruments Act, is that complainant is the absolute owner of 28 sq. yards of undivided and unspecified share of land, from out of an extent of 400 sq.

yards situated in Sy. No.23/5 part Butchtrajupalem, which he purchased under Registered sale deed dated 17-10-2001 and Registered Document No.3170 of 2001. He entered into an agreement for construction of a flat in a plinth area of 825 sft. in Sri. Gayatri Nilayam and paid the entire construction cost of the said flat to the accused. On finding that the construction was inferior in quality, and not in accordance with the



























































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