THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.8351 OF 2023

O R D E R

This Criminal Petition is filed by the petitioners-accused Nos.1 and 2 seeking to quash the proceedings against them in C.C.No.10145 of 2022 including impugned orders dated 04.08.2023 passed by the learned II Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences under Sections 420 and 324 of the Indian Penal Code (for short ‘IPC’).

02. Heard Sri V. Ravi Kiran Rao, learned Senior Counsel representing Sri S. Surender Reddy, learned counsel for the petitioners-accused Nos.1 and 2 and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State-respondent No.1. None appeared for the respondent No.2. Perused the record.

03(a). In brief, the case of the complainant-respondent No.2 is that the accused No.1 approached him seeking financial assistance for his business and personal requirements. In response, the respondent No.2 pledged gold ornaments belonging to his wife and transferred various amounts into the account of the accused No.1 on different dates. In return, the accused No.1 is stated to have executed promissory notes and issued post-dated cheques. Similarly, the accused No.2 also approached the respondent No.2 and obtained a hand loan, for which, the respondent No.2 once again pledged his wife's gold ornaments and transferred funds into the account of the accused No.2. The accused No.3 is also alleged to have borrowed a sum of Rs.25,00,000/- from the respondent No.2. Subsequently, when the respondent No.2 demanded repayment of interest arrears from the accused Nos.1 and 2, it is alleged that the accused No.3 transferred a sum of Rs.10,00,000/- to his account.

03(b). It is further alleged that thereafter, on 02.01.2022, the accused Nos.1 to 3, through one Eluru Anand, allegedly requested the respondent No.2 to amicably settle the matter and called him to the office of 'Nava Prabhat', located opposite the CCLA office, along with the original promissory notes, cheques, and receipts. Trusting them, the respondent No.2 went to the said location with the original documents, where the accused No.1 allegedly demanded that the originals be handed over to him, assuring that the outstanding amounts due from the accused Nos.2 and 3, who were purportedly waiting in a nearby car, would be repaid.

03(c). It is further alleged that believing the same, the respondent No.2 handed over the documents. However, the accused No.1 allegedly proceeded towards the car and attempted to abscond with the help of the driver and other associates present. When the respondent No.2 tried to intervene, he was allegedly pushed out of the car, causing him to fall on the road, after which the accused and their associates have assaulted him. He was taken to Osmania Hospital and treated on the same day as a medico-legal case. After his recovery, on 02.01.2022, the respondent No.2 approached the Abids Police Station and lodged a complaint, but no action was reportedly taken by the Police. Hence, he filed a private complaint before the learned Magistrate for taking appropriate action.

04(a). Learned Senior Counsel appearing for the petitioners submits that the petitioners-accused Nos.1 and 2 have no involvement whatsoever in the alleged offences. It is contended that there was no dishonest or fraudulent intention attributable to the petitioners at the inception of the transaction, which is a sine qua non for invoking the penal provisions under Section 420 IPC. The Court below initially took cognizance of the offences under Sections 324, 386, 420, and 506 IPC vide a docket order dated

13.12.2022, without assigning any reasons and the petitioners filed Criminal Petition No.1716 of 2023 and by order dated 27.02.2023, after hearing both sides, this Court was pleased to quash the said docket order on the ground that it lacked proper reasoning for taking cognizance and issuing summons. Subsequently, the learned trial Court by impugned order dated 04.08.2023 ag