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IN THE HIGH COURT OF TELANGANA
J.SREENIVAS RAO
Pandiri Malleshwari, Nalgonda – Appellant
Versus
State Of Ts., Rep. By P.P. – Respondent
ORDER :
(J. SREENIVAS RAO, J.)
This Criminal Petition is filed under Sections 482 of the Code of Criminal Procedure, 1973 (for short ‘ Cr.P.C .’) by the petitioner, seeking to quash the proceedings in C.C.No.437 of 2016 on the file of the Principal Junior Civil Judge, Kodad, Suryapet District.
2.1 The case of prosecution in brief is that LWs.1 to 3 namely Pinupa Bhaskar Rao, Injamuri Dayakar and Kilambi Ranganath are officials of Andhra Bank working as Chief Manager, Andhra Bank, Kodad, Assistant General Manager, Andhra Bank, Rayavaram of East Godavari District and Deputy General Manager, Corporate Finance Branch, Hyderabad respectively. On 13.07.2011 LW.3 had sanctioned Rs.2 Crores to the accused Nos.1 to 4, who are the managing partners, as financial facility by Andhra Bank, Kodad Branch to run M/s. Rajyalaxmi Rice Industries at Thellabelli Village of Nadigudem Mandal on the recommendation of LW.2, by executing all necessary documents i.e., 1) two storey house building door No.1- 229 having 46 yards owned by Pandiri Malleswari (A-3) situated at Guntur road, Miryalaguda, 2) 379 yards house site in plot No.1, block No.28 in survey No.706 of Paidimarri Sathyanarayana to an extent of 95
Partners can be held criminally liable for cheating if specific allegations of fraudulent intent are made, distinguishing between civil and criminal liability.
Criminal proceedings cannot be sustained where allegations do not demonstrate fraudulent intent or dishonest misappropriation from the inception of the transaction.
Partners of a firm are jointly and severally liable for cheque dishonor under the Negotiable Instruments Act, irrespective of whether a partner has formally resigned, as long as they were part of the....
Not every breach of contract amounts to criminal offences under the Indian Penal Code; deception at the inception is crucial for an offence under Section 420 IPC, and clear entrustment is required fo....
A mere inability to repay a loan does not amount to cheating unless there was deception from the inception of the transaction.
Allegations of dishonest misappropriation and breach of trust in contractual agreements can sustain criminal liability under IPC, irrespective of the civil nature of disputes.
The criteria for framing charges in criminal cases require only prima facie evidence, not proof beyond reasonable doubt.
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