THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.15888 of 2024

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioner-A.2 in C.C.No.599 of 2021 on the file of Judicial Magistrate of First Class, at Sircilla. The offences alleged against the petitioner are punishable under Sections 420 and 506 of the Indian Penal Code, 1860.

2. The brief facts of the case are that the defacto complainant-respondent No.4 lodged a complaint before the police stating that one Bhukya Devilal-A.1 approached her stating that he had acquaintance with Suchitra Educational Society, Hyderabad and offered a job to her as a vocational trainer in Gurukula Schools on outsourcing basis and asked an amount of Rs.2,30,000/-. By believing his words the complainant paid the said amount on several occasions. On 19.05.2019, A.1 took her to Hyderabad to Suchitra Educational Society where he introduced the petitioner herein and informed that she is in-charge of it. A.1 also joined another person by name Lavanya. The petitioner herein gave training to both of them for one month and sent the complainant to home saying that she will send the letter of appointment by the end of the month. On 05.08.2019, the complainant got job in a Government School, Siddipet as vocational trainer and she visited the said school by taking the appointment letter, then the headmaster of the school informed her that there is no such vacancy and no such post in the school. Then, the complainant enquired with A.1 and he said that they will give a post to her. On 19.09.2019 A.1 came to the house of complainant and told that she got a job in TTWRDC (G) Thangallapally as a vocational trainer and also joined her. However, the principal said that there is no vacancy and that already three members are working. Thereafter, A.1 called the petitioner to speak with the Principal and thereafter the complainant has joined, and worked for three months without salary. Whenever, the complainant asked for salary, A.1 dodged the matter on one pretext or the other and on insisting, petitioner issued cheque on 31.12.2019 for Rs.10,000/- and also gave a blank cheque. When the said cheque was presented before the Bank, she was informed that there is no money in the account. Later complainant stopped doing job and when she asked for return of money, both the accused threatened her. As such, requested the police to take necessary action against the petitioner. Basing on the said complaint, police registered the case for the above offences.

3. Heard Miss. Pagilla Jayanthi, learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor appearing for respondent Nos.1 to 3 and none appeared on behalf of respondent No.4.

4. The contention of learned counsel for the petitioner is that petitioner herein is A.2 and she is not at all concerned with the alleged cheating done by A.1. The allegations against the petitioner are baseless and the ingredients of Section 420 of IPC does not attract to the petitioner; that the police without any investigation filed formal charge sheet and even if the trial is conducted no purpose would be served. As petitioner herein is a vocational trainer, she gave training to the petitioner and she is no way connected to A.1 or connected with the false promise made by A.1. As such, prayed this Court to quash the proceedings against the petitioner.

5. On the other hand, though notice served on respondent No.4, none appeared.

6. The learned Assistant Public Prosecutor opposed the petition stating that there are clear allegations against the petitioner herein and she also gave cheque for Rs.10,000/- and a blank cheque for return of Rs.2,30,000/- which itself shows that she is also part of conspiracy and cheating. Hence, petitioner is not entitled for quashing of proceedings.

7. Considering the submissions made by both the counsel and the material on record, the allegations against the petitioner who is A.2 is that A.1