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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sujana
Sumith Gupta – Appellant
Versus
State of Telangana – Respondent
ORDER :
K. Sujana, J.
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings against the petitioners/accused Nos.3, 4 and 6 in C.C.No.7916 of 2020 on the file of the learned VIII Additional Chief Metropolitan Magistrate, Hyderabad for the offences punishable under Sections 420 and 406 of Indian Penal Code, 1860.
2. The brief facts of the case are that on 20.07.2019 the defacto complainant filed a complaint against M/s SRK Food Products Pvt. Ltd., and its Directors namely Harish Gupta, Prathibha Devi, Priyanka Gupta, and Sumeet Gupta. Kumar, who was the company's legal adviser, alleged that he was deceived to invest Rs.50 lakh ( Rs.20 lakh on June 10, 2016, and Rs.30 lakh in December 2017) in the company. The Directors issued cheques from Karur Vysya Bank, Champapet Branch, which bounced on July 12, 2019, due to signature mismatch and payment stoppage. Realizing he was cheated, he requested action against the accused, who allegedly had pending cases in various courts for similar fraud.Basing on the said complaint, the Police registered a case in Crime No.158 of 2019 for the offences punishable under Sections
Legal proceedings cannot proceed when multiple prosecutions exist for the same cause of action, as it constitutes an abuse of the legal process.
The court emphasized that allegations of fraudulent financial transactions satisfy the essential ingredients for criminal liability under IPC Section 420, and cannot be dismissed as merely civil disp....
Delay in filing a complaint can be fatal to the prosecution, especially when the accused's involvement is not substantiated.
The ingredients of the offence under Section 420 IPC must be satisfied for a criminal prosecution to be maintainable, even if a civil dispute exists between the parties. The pendency of a case under ....
The absence of specific allegations against the petitioner in a criminal complaint warrants quashing of proceedings under Section 482 of Cr.P.C. to prevent abuse of process.
Criminal proceedings cannot be initiated for breach of contract or promise in business transactions, and the intention to cheat must be present from the inception of the transactions to constitute th....
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
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