THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.12187 OF 2023

O R D E R

This Criminal Petition is filed by the petitioners-accused Nos.1 and 4 seeking to quash the proceedings against them in C.C.No.934 of 2021 on the file of learned IV Additional Metropolitan Magistrate-cum-Junior Civil Judge at L.B.Nagar, Rachakonda present V Additional Metropolitan Magistrate-cum-I Additional Junior Civil Judge, Medchal-Malkajgiri District, Uppal at L.B.Nagar, registered for the offences under Sections 406, 420, 120-B of the Indian Penal Code (for short ‘IPC’).

02. Heard Sri N.Bhujanga Rao, learned counsel for the petitioners-accused Nos.1 and 4 and Sri Rudresh Deshpandey, learned Assistant Public Prosecutor for the State-respondent No.1. None appeared on behalf of the respondent No.2. Perused the record.

03(a). In brief, the case of the complainant/respondent No.2 is that accused Nos.1, 2, 5, and 7 were engaged in real estate business for several years and incurred heavy losses. To recover their losses, accused Nos.1 to 9 allegedly entered into a criminal conspiracy to cheat the innocent public by luring them to register plots on easy installment schemes. In 1990, they established a partnership firm under the name and style of Sushanth Builders at Secunderabad, in the names of accused Nos.3, 4, 6, and 8. Subsequently, accused Nos.1, 2, 5, and 7 approached Sri Ramulu and Shabbir Khan, who had an agreement of sale with the Kommidi family concerning land admeasuring Acs.50-00 in Sy.Nos.120, 121, and 122 of Ghatkesar. An oral agreement was made with them, wherein the accused assured that they would develop the said land and sell plots to customers on installment basis.

03(b). In 1991, the accused Nos.1 to 9 allegedly developed the land into 880 plots and promoted the scheme by distributing pamphlets and informing real estate agents under the banner of Sushanth Builders. In June 1992, accused Nos.1 and 2 approached respondent No.2, introduced themselves as representatives and the Managing Director of Sushanth Builders, and offered to sell a 200 square yard plot at Sushanth Nagar, Ghatkesar Village and Mandal, for a total amount of Rs.17,800/- (Rs.15,000/- in 36 monthly installments and Rs.2,800/- as registration charges). Attracted by the offer, respondent No.2 joined the scheme in August 1992 and opted for Plot No.541, paying the entire installment amount of Rs.15,000/-, for which receipts were issued by the accused in the name of Sushanth Builders.

03(c). Additionally, the accused collected the amounts from other individuals for various plots. Despite receiving the full consideration amounts, the accused failed to execute sale deeds in favor of the buyers and continued to delay on one pretext or another. It is alleged that accused Nos.1 to 9 had no lawful right or title over the land in Sy.Nos.120, 121, and 122 at Ghatkesar, and that they acted in furtherance of a criminal conspiracy to cheat the public.

04(a). Learned counsel for the petitioners submits that the petitioners/Accused Nos.1 and 4 have no involvement whatsoever in the alleged offences. It is contended that the Investigating Officer failed to properly investigate the matter and overlooked the fact that there is no partnership firm in existence under the name and style of M/s. Sushanth Builders. It is further contended that the allegations made in the complaint, even if taken at face value, do not prima facie constitute the alleged offences. The learned counsel for petitioners also submits that the contents of the complaint are purely civil in nature, and the respondent No.2 is attempting to give a criminal colour to the civil dispute. It is further contended that the alleged sale transaction took place in the year 1992, while the complaint was filed only in the year 2018, after an inordinate and unexplained delay of 26 years. The delay itself raises serious doubts about the genuineness of the complaint, and it is alleged that the respondent No.2, in collusion with t