Order:

This Criminal Petition, under Section 482 Cr.P.C., has been filed by the petitioners herein/A1 to A4 to quash the proceedings in Crime No.565 of 2022 of Nallapadu Police Station, Guntur Urban district.

2. A case has been registered against the petitioners herein and others for the offences punishable under Sections 420 and 506 read with 34 IPC.

3. Brief facts of the case are that, on 31.05.2022 the defacto complainant gave a report stating that he gave an amount of Rs.8,06,150/- to one Nandyala Anusha for her needs. Later when he asked about the money, A1 to A4 are alleged to have threatened the defacto complainant with dire consequences to end his life. Upon that, the defacto complainant has resorted in filing the present complaint as against the petitioners herein and others.

4. Learned counsel for the petitioners submits that the First Information Report goes to show that the defacto complainant has given a report on 30.05.2022 before the police. According to him, the case was registered on 25.05.2022 at 23.00 hours. The grievance of the counsel for the petitioner is that when the complaint was lodged on

30.05.2022 the question of registering the case on 25.05.2022 would not arise.

5. Learned counsel for the petitioners further submits that even accepting that the entire accusations to be true, no offence under Sections 420 and 506 IPC will be made out as against the petitioners for the reason that the defacto complainant is alleged to have given hand loan to the petitioners herein and non-return of the said hand loan would not in any way come within the purview of Section 420 IPC. He further submits that on 05.05.2022 a complaint has been filed as against the defacto complainant in Crime No.451 of 2022 and on coming to know about the same, the defacto complainant registered the present case and submitted a report on 30.05.2022 as against the petitioners herein.

6. On the contrary, learned counsel for the 2nd respondent has fairly conceded to that extent that the offence under Section 420 IPC would not attract but, as far as the offence under Section 506 IPC is concerned, the same would certainly attract as against the petitioners. 7. The Learned Assistant Public Prosecutor too concurred with the submission made by the learned counsel for the respondent No.2.

8. Heard. Perused the record.

9. The defacto complainant submits that in the year 2019 he met A1. Since both belong to same caste they became friends. Taking advantage of the same, A1 is alleged to have taken an amount of Rs.8,06,150/- from the defacto complainant with a promise to repay the amount within a stipulated time. Thereafter, when the defacto complainant was in dire need of money and asked A1 for repayment of the money, A1 dodged re-payment from time to time. When A1 is not responding properly, the defacto complainant approached the parents of A1 and made a request to transfer the amount of Rs.8,06,150/- from A1. During that time, A1 is alleged to have abused the defacto complainant and when he tried to beat him with stick, the defacto complainant ran away from that place. Thereafter, A1 said to have made a call to the defacto complainant and threatened him, that she can do anything with the help of her brother Brahma Reddy. Notwithstanding that, the other accused also called the defacto complainant and threatened him to leave Guntur, if not, he would face dire consequences. Basing on that a complaint has been given by the defacto complainant.

10. Section 415 IPC reads as follows.

“415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any proper›ty to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Expl