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K. SUJANA
Adulla Ashok Vardhan Reddy – Appellant
Versus
State of Telangana – Respondent
ORDER :
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the order dated 13.07.2023 against the petitioners/accused Nos.7 and 8 passed in Crl.R.P.No.42 of 2022 in C.C.No.129 of 2019 by the learned V Additional Metropolitan Sessions Judge, Ranga Reddy District at L.B. Nagar, confirming the order dated 29.03.2022 passed in Crl.M.P.No.178 of 2022 in C.C.No.129 of 2019 by the learned XXVI Metropolitan Magistrate, Ibrahimpatnam, registered for the offences punishable under Sections 420, 423, 447, 463, 464, 471, 506 and 120-B read with Section 34 of the Indian Penal Code, 1860 (for short ‘I.P.C.’).
2. The brief facts of the case are that the petitioners filed a petition before the trial Court, vide Crl.R.P.No.42 of 2022, under Section 397 and 399 of Cr.P.C against the order dated 29.03.2022 passed in Crl.M.P.No.178 of 2022 in C.C.No.129 of 2019 by the learned XXVI Additional Metropolitan Magistrate, Ibrahimpatnam. In the first instance, the petitioners filed a petition, vide Crl.M.P.No.178 of 2022 in C.C.No.129 of 2019, under Section 239 of Cr.P.C to discharge them stating that initially the charge sheet was filed against
The court emphasized that civil disputes should not be transformed into criminal cases without the necessary ingredients of a criminal offence, allowing the quashing of proceedings.
The central legal point established in the judgment is that the offence of cheating requires the establishment of deceitful intention and mens rea of the accused, and a deliberate intention to cause ....
The court established that civil disputes should not be cloaked as criminal offences, and quashing is warranted when no prima facie case exists.
Criminal liability can arise from civil disputes; allegations of fraud and conspiracy must be examined despite ongoing civil litigation.
Criminal proceedings cannot be used to settle civil disputes when the civil court has already made decisions on the matter.
Criminal intent in property transactions leads to proceedings under IPC, regardless of parallel civil suits.
Criminal liability for cheating requires proof of dishonest intent from inception, distinguishing breach of contract from criminal offence.
The court found that a civil dispute may constitute a criminal offence under S.420 IPC if fraudulent intent is present, and the mere existence of a civil remedy does not warrant quashing criminal pro....
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