Telangana High Court
Sri. Md.Javed Akhter vs The State Of Telangana on 2 March, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.1312 of 2021
ORDER:
This application is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.532 of 2019, pending on the file of Nacharam Police Station. The petitioner is A-1 in the above said crime. The offences alleged against the petitioner are under Sections 420, 506 r/w.34 of IPC.
Heard learned counsel for petitioner and the learned Public Prosecutor and perused the record.
The allegation against the petitioner herein is that he is the Proprietor of Shaeen Enterprises, engaged in the business of manufacturing and selling of Aluminum foils, Tissue papers and Cling films under the brand name of Jolly. It appears that there is super stockist agreement between the petitioner and the 2nd respondent with regard to supply of said products. The stockist agreement is dated 03.01.2018. According to 2nd respondent, the petitioner herein has received an amount of Rs.9,50,000/- under the said agreement with a promise that he will supply stocks, but he had not supplied the said stocks.
Learned counsel for petitioner would submit that it is a commercial transaction and if the 2nd respondent is aggrieved by the same, he has to file a suit for recovery of money and instead of doing so, the 2nd respondent has implicated the petitioner in the present case. Thus, the 2nd respondent is trying to criminalise the civil dispute. 2
Earlier, the accused No.2 in the present crime i.e. Crime No.532 of 2019 has filed an application under Section 482 of Cr.P.C. vide Crl.P.No.614 of 2021 to quash the proceedings in the said crime. The said criminal petition was disposed of by this Court vide order dated 09.02.2021, directing the investigating officer not to arrest A-2 and to follow the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar1/ Learned Public Prosecutor, on instructions, would submit that the Police have completed the investigation and filed final report against A-3 and A-4. It is also specifically mentioned in the said charge sheet that the petitioner herein i.e. A-1 and another accused i.e. A-2 are not cooperating with the investigating officer, therefore, after completion of investigation, a separate charge sheet will be filed against A-1 and A-2.
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 less than seven years, the Criminal Petition is disposed of directing the Police, Nacharam Police Station, 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's case (supra). The Police are directed not to take any coercive steps against the petitioner till the completion of investigation and filing of charge 1 (2014) 8 SCC 273 3 sheet. The petitioner shall cooperate with the investigating officer in concluding the investigation.
Miscellaneous petitions pending, if any, shall stand closed.
_________________ K. LAKSHMAN, J Date : 02.03.2021 ajr