Telangana High Court
N.T.Chowdary vs M. Jaipal Reddy on 22 September, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.4229 OF 2020
ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to quash the proceedings in Crime No.196 of 2020 on the file of police, Sanath Nagar Police Station, Cyberabad. The petitioner is accused in the above said crime. The offences alleged against the petitioner are under Sections 406 and 420 of IPC.
2. Heard Sri T.Anurudh Reddy, learned counsel for the petitioner, learned Assistant Public Prosecutor and perused the record.
3. Learned counsel for the petitioner would submit that there are transactions between Swiss India Infrastructures Private Limited and M/s Hetero Drugs with regard to particular property situated at Visakhapatnam. In this regard, there is a settlement agreement, dated 05.10.2019 wherein the parties have agreed for specific terms. As per the terms of the said agreement, Swiss India Infrastructures Private Limited has issued two cheques as mentioned in clause No.2 of the said crime. The said fact would reveal that there are disputes between the above said two companies which are civil in nature and the 1st respondent, authorized signatory of Hetero Drugs, lodged a complaint on 23.3.2020.
2
5. Thus, there are disputes between the parties and there is a settlement between the above said two companies, dated 05.10.2019. Considering the said facts and also the fact that the punishment prescribed for the offences alleged against the petitioner is imprisonment of seven years or below seven years, the Criminal Petition is disposed of directing the Police, Sanath Nagar Police Station, Cyberabad, to follow the procedure laid under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and another1. The Police are directed not to arrest the petitioner till the completion of investigation and filing of charge sheet.
Miscellaneous petitions pending, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 22.09.2020 vvr 1 (2014) 8 SCC 273