APHC010128892019 IN THE HIGH COURT OF ANDHRA PRADESH [3333]

AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 2682/2019 Between:

Shankar Prasad Gupta And Co ...PETITIONER/ACCUSED(S)

and Others AND The State Of Ap and ...RESPONDENT/COMPLAINANT(S)

Others Counsel for the Petitioner/accused(S):

1. KIRAN KUMAR VADLAMUDI Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR (AP)

2. O MANOHER REDDY The Court made the following Order:

This criminal petition is filed under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) seeking to quash the proceedings initiated against the petitioners/A.1 & 2 in Crime No.452 of 2015 registered on the file of Kurnool IV Town Police Station, Kurnool District, for the offences punishable under Section 409, 420, 120b IPC, 156(3) Cr.P.C

2. The case of the petitioners is that the de-facto complainant/respondent No.2 is the onion merchant by supplying onions from Kurnool to Calcutta through lorries to the accused firm M/s Shakar Prasad Gupta & Co. and the accused is used to sent the amount in cash and some time they sent through cheques or RTGS to the complainant every month. The accused firm was acting as agent and selling the agricultural produce i.e., onions on receipt of the sale prices and after deduction of his commission and other incidental expenses and uses to send the Statement of account along with the sale proceeds statement containing the sale proceed and particulars of expenses and net sale amount payable to the complainant. Thereby, the complainant/2^nd respondent induced to believe that the petitioners/accused would honor the net payable amounts as per the sale proceeds statement. But the petitioners failed to honor the payments and the complainant/2^nd respondent suspected the intention of the accused. Even though, the payments were not made, the complainant confirmed continued to supply the onions believing the words of the accused and the outstanding amount payable mounted to staggering figure of Rs.1,49,11,416/-. When the petitioners/accused stopped sending the statement of sales, the complainant insisted the accused to pay the above said amount due as per running account. But he refused went on postponing the payment on some or other pretext and displayed no sign of payment but insisted for supply of onions without intention of paying the sale amounts. By the acts of the inducement of the petitioner, the complainant was induced to supply Rs.1.49 Crores worth of onions. Since accused was not responding and failed to pay the due amount, the 2^nd respondent complaint got issued legal notice, even on receipt of legal notice, the petitioner/accused failed to pay the amount due and thereby the 2^nd respondent/complainant made a complaint. Basing on the said complaint, a case was registered in Cr.No.452/2015, dated 29.12.2015 on the file of Kurnool IV Town Police Station, Kurnool, Kurnool District for the offences punishable under Section 409, 420, 120b IPC, 156(3) Cr.P.C

3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondents.

4. The learned counsel for the petitioners would submit that the petitioners are nothing to do with the offence with which they are charged. The issue involved in the plaint is purely civil in nature and filing a criminal case is nothing but abuse of process of court. Hence, requested to quash the criminal proceedings against the petitioners.

5. On the other hand, the learned Additional Public Prosecutor appearing on behalf of the respondents, would submit that there are various allegations attributed against the petitioner and the issue involved herein is misappropriation of funds which would be determined in a full-fledged trial by competent civil court, since the offence alleged herein is grievous in nature.

6. Having heard the submissions made by the learned counsel for t