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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVASA RAO
Chekuru Hanumanthu Naidu – Appellant
Versus
State of Telangana – Respondent
ORDER :
J. Sreenivasa Rao, J.
This Criminal Petition has been filed seeking to quash the proceedings in C.C. No. 641 of 2023 on the file of the III Additional Junior Civil Judge-cum-XIV Additional Metropolitan Magistrate, Medchal-Malkajgiri District, wherein the petitioners have been arrayed as accused Nos. 1 and 2 for the offences punishable under Sections 420, 504, and 506 read with Section 34 of the Indian Penal Code, 1860.
2. When this matter was taken up for consideration on 31.10.2023, there was no representation on behalf of respondent No. 2. Subsequently, the matter again came up for hearing on 29.07.2025. On that date also, there was no representation on behalf of respondent No. 2. Once again, the matter came up for hearing on 25.10.2025. On that day also, there was no representation on behalf of respondent No.2 either virtually or physically, and the learned counsel for the petitioners was heard. However, in order to give one more opportunity to respondent No. 2, the matter was posted to 03.11.2025 under the caption ‘For Orders’. Despite the matter being listed under the said caption, even today there is no representation on behalf of respondent No. 2. Hence, this Court has
The court ruled that mere contractual disputes do not constitute criminal offenses, and criminal proceedings cannot be used as substitutes for civil remedies.
Criminal proceedings against an accused can be quashed if allegations do not establish her direct involvement or dishonest intention, as per sections 406 and 420 IPC.
Criminal proceedings cannot be quashed solely due to the existence of civil remedies; prima facie evidence of criminal offenses warrants trial.
The court quashed proceedings for cheating and intimidation, finding no prima facie case due to lack of dishonest intention and insufficient evidence.
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 ....
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