THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.11127 OF 2022

O R D E R

This Criminal Petition is filed by the petitioner-

accused seeking to quash the proceedings against him in C.C.No.3114 of 2022 pending on the file of the learned XVII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, registered for the offences under Sections

420, 406 of the Indian Penal Code (for short ‘IPC’).

02. Heard Sri Duvva Pavan Kumar, learned counsel for the petitioner-accused and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State-respondent No.1 as well as Sri Dishit Bhattacharjee, learned counsel for the unofficial respondent No.2. Perused the record.

03(a). Brief facts of the case are that on 21.02.2022 at

19:00 hours the complainant lodged a complaint alleging that the petitioner-accused is the Founder of the company i.e. M/s.Super Surfaces, which deals with the high end luxury paints. During July, 2019, the friend of the petitioner-accused by name Mr.Ravi Varma.P, introduced the complainant to the petitioner-accused, as a contractor to execute the painting works. After having an oral agreement regarding works and payments, the complainant commenced the work. The complainant executed works in Telangana, Andhra Pradesh and Chennai. The payments were regular for a period of two months. Therefore, the said Ravi Varma was exited out of the company by the petitioner-accused due to some unknown reasons. After few days of his friend exiting the company, the complainant started facing problems with the accused company with regard to payments. The complainant asked the petitioner-accused for payments and somehow he used to give the complainant some reasonless excuses.

03(b). During March 2020, total lockdown was announced by the Central Government due to Covid-19. Once the lockdown got relaxed during the month of May 2020, the complainant got a call from the petitioner- accused asking him to commence the work. The complainant rejected his offer to resume work as he faced problems with the petitioner-accused before lockdown regarding payments and as his pending bills are not cleared. The petitioner-accused called the complainant to his office and discussed the matter and the accounts were settled and the petitioner-accused was found to be due to the tune of Rs.16,00,000/- and odd. For which, the complainant asked the petitioner-accused to settle down his balance amount immediately.

03(c). Again the petitioner-accused stated that the company was in losses during the financial year 2019- 2020 and promised to pay the amount after completion of work and requested the complainant to continue the work. The complainant had agreed for the said request of the petitioner-accused, on condition i.e. the complainant should be given a proper work order for each work before commencement of work and that his previous payments have to be made after work. For which, the petitioner- accused agreed and the complainant started executing the works. Once again, the petitioner-accused committed default in payments.

03(d). During December, 2020 and January, 2021 the complainant got exhausted with all his financial resources and he was not in a position to even pay salaries to his applicators. After Sankranti festival in January 2021, the complainant accounted his total pending amount from the petitioner-accused company which is nearing to Rs.85 to 90 lakhs. The complainant demanded the petitioner- accused to clear his payment. The petitioner-accused asked for a GST bill on date. The complainant immediately registered his GST from his home state Andhra Pradesh, Palakollu town, as that is the place where he could get his GST registered immediately, as it takes 2 to 3 weeks to get GST registered in Hyderabad. During February, 2021 the complainant submitted the company all his GST invoices and got acknowledgement for the same from Mr. Srikanth in the accounts department for a total sum of Rs.1,05,86,640.28 inclusive GST, out of which the compl