ORDER:

The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, [in short ‘Cr.P.C. ’] has been filed, by the Petitioners/A.3 and A.4, seeking quashment of the docket order dated 20.10.2020 in C.F.No.3028 of 2020 on the file of the Court of I Additional Chief Metropolitan Magistrate, Vijayawada and consequential FIR No.762 of 2021 of Machavaram Police Station, Vijayawada City, Krishna District, registered for the offences punishable under Sections 420, 406, 384, 468, 471 and 120(b) IPC.

2. For the purpose of convenience, hereinafter, the parties herein are referred to as they are arrayed in the above case.

Facts the case, in brief, as per the Complaint, are as follows:

a) A.1 is the resident of United States of America (USA) and engaged in software business. A.1 and the Complainant had good acquaintance since college days and later, they are family friends in USA. A.3 and A.4 are own brothers of A.1 and doing business in Vijayawada and Hyderabad and residing at Hyderabad. A.2 is a Public Notary Officer, Vijayawada.

b) About ten years back, on request of Complainant to arrange hand loan of Rs.20,00,000/-, A.1 arranged hand loan of an amount of Rs.10,00,000/- by way of cash to Complainant without interest with an understanding to return the amount as and when required by A.1. As a security, A.1 took the property document of Ac.2.00 situated in Visakhapatnam.

c) In the year 2017, Complainant wanted to come down to India and intended to sell away the said Ac.2.00 of land and to return the hand loan amount to A.1. In that regard, Complainant requested A.1 to return the land documents given to him at the time of giving the hand loan amount, for which A.1 replied that those documents are lying with A.3 and A.4. Later A.3 and A.4 started illegal demands that the Complainant has to pay Rs.50,00,000/- as the principal amount was became Rs.45,00,000/- and another Rs.5,00,000/- towards legal documentation charges and subject to condition, the complainant has to register any undisputed property as a security in their name along with 5 blank signed cheques. Whenever, Complainant paid Rs.50,00,000/- A.3 and A.4 will reverse the registration in his name and return the agreement and release the deed along with five blank signed cheques.

d) As per the Agreement and Release Deed, on 27.12.2017 which was notarized by A.2, Complainant has transferred Rs.50,00,000/- to A.1 from his account in ICICI Bank, Khairathabad Branch. In spite of receiving the said amount and on repeated requests, A.3 and A.4 avoided in return the documents and the signed cheques. On the assurance given by A.1 and believing his words, Complainant returned back to USA on 05.01.2018.

d) To the utter dismay, by misusing the release deed and by suppressing the facts for their wrongful gain, A.1 filed a Suit in the Court at USA against Complainant for recovery of $69,500/- and it is nothing but cheating and committed breach of trust.

e) Complainant lodged a complaint before Machavaram Police Station on 22.02.2020 against the Accused. Since no action has been taken by the Police, he filed a private Complaint before the Court of I Additional Chief Metropolitan Magistrate, Vijayawada against A.1 to A.4.

f) By docket Order dated 20.10.2021, Learned Magistrate referred the matter to the police under Section 156(3) of the Code. Questioning the same, A.3 and A.4 filed the present Criminal Petition seeking quashment against them.

Arguments advanced by Bar

3. Heard Sri P.Nagendra Reddy, learned counsel for Petitioners and learned Public prosecutor appearing for respondent No.1/State. Despite service of notice, none appeared for respondent No.2.

4. Learned counsel for Petitioners would submit that the Petitioners have nothing to do with the offence alleged against them and learned Magistrate erred in taking cognizance of the offence without following the guidelines issued by the Hon’ble Apex Court in Priyanka Srivastava and another v. State of Uttar Pradesh and others, [