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ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioners/accused Nos.1 and 2 to quash the F.I.R.No.1686 of 2004 on the file Narsingi Police Station, Cyberabad (before the XIII Judicial First Class Magistrate, Cyberabad, Rajendranagar).

2. Heard Mr. S. Satyam Reddy, learned Senior Counsel representing Mr. P. Durga Rao, learned counsel for the petitioners, Mr. S.Prashanth, learned Assistant Public Prosecutor for respondent No.1 – State and Mr. Md. Abdul Mateen Qureshi, learned counsel for respondent No.2. Perused the material on record.

3. I.A.No.1 of 2025 is filed seeking to change the Crime Number as ‘FIR No.94 of 2024 P.S.EOW Cyb (Cyberabad)’ registered for the offences under Sections 316(2), 318(4), 338, 336(3), 340(2) and 61(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’) instead of ‘FIR No.1686 of 2024 of P.S. Narsingi, Cyberabad’ for the offences under Sections 316(2), 318(4), 338, 336(3), 340(2) and 61(2) of BNS. This Court, by order dated 22.04.2025, ordered the said application.

4. A complaint, dated 20.11.2024, was registered against petitioners/accused Nos.1 and 2 for offences under Sections 316(2), 318(4), 338, 336(3), 340(2) and 61(2) of Bharatiya Nyaya Sanhita (BNS). De facto complainant-respondent No.2 is a Stock Market Trader. He got acquainted with petitioners/accused Nos.1 and 2. Mr. Sai Anil Kumar Chikkala introduced the petitioners. Accused No.1 asked for an investment and requested money assuring that money would be repaid. Details of amounts sent by respondent No.2 from different bank accounts totalling to Rs.9,14,22,384/- to accused No.1 are as follows:

1. Account -1 - Axis Bank, A/c.No.913010031044288

2. Account -2 - Axis Bank, A/c.No.924030008676724

3. Account -3 - ICICI Bank, A/c.No.103701000863

4. Account -4 - Axis Bank, A/c.No.007010100066105

5. Account -5 - Om Excellence, A/c.No.004805020973

Certain additional amounts from credit card were paid to accused No.1.

5. Multiple cheques were issued by accused No.1 of his Company and Om Excellence. Details of cheque numbers are as follows:

1. Cheque No.804583 for Rs.4.00 cr. issued on 10.04.2024

2. Cheque No.804584 for Rs.4.00 cr. issued on 20.04.2024

3. Cheque No.804585 for Rs.4.00 cr. issued on 30.04.2024

4. Cheque No.000772 for Rs.1.8 cr. deposited in the name of Vavilala Venkata Subramanya Shastry on 25.09.2024

5. Cheque No.000771 for Rs.5.00 cr. deposited in the name of Vavilala Venkata Subramanya Shastry on 08.11.2024

6. Cheque No.000774 for Rs.10.00 cr. deposited in the name Sairam Vavilala on 08.11.2024.

6. On 02.04.2024, accused No.1 deposited a cheque of Rs.2.50 crores of South India Bank (personal account), Axis Bank, Madhapur, and forwarded the deposit slip to respondent No.2, cheque was dishonoured (signature mismatch). Requests made to deposit the amount, were not met with. Bank requested to collect the cheque, due to ill health, cheque was not collected by respondent No.2.

7. On 8th, 14th and 16th of April, 2024, accused No.1 sent three bank deposit slips totalling to Rs.60.00 crores of Indusind Bank, claiming that amounts were deposited to complainant’s Axis Bank account. On an enquiry, three deposit slips were found to be fake and forged and that no transaction was made from the side of accused No.1.

8. It is the case of respondent No.2 that accused No.1 gave three cheques, dated 10th, 20th and 30th of April, 2024, each for an amount of Rs.4.00 crores drawn in favour of respondent No.2 on his savings bank account (Axis Bank of Madhapur Branch). Cheques were deposited twice on 19th June and 22nd May 2024, but were dishonoured for account being blocked.

9. Three cheques were issued by petitioners/accused Nos.1 and 2, on Om Excellence, cheques were dishonoured, when deposited for closed/blocked accounts and stop payments. It is stated in the complaint that accused No.1 had an ulterior motive and has not repaid the amount, that the