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2000 DIGILAW 646 (AP)

Surya Chandra Rao v. Kasi Nagappa

2000-08-24

VAMAN RAO

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VAMAN RAO, J. ( 1 ) HEARD both sides. ( 2 ) IN this petition under Section 482 of cr. P. C, the petitioner seeks quashing of the proceedings in C. C. No. 53 of 1999 on the file of the Judicial Magistrate of I Class, thamballapalle, Chittoor District under which the accused are sought to be prosecuted for the offence under Section 420 of I. P. C. ( 3 ) IT appears that the complainant had earlier filed the complaint before the magistrate which was referred under section 156 (3) of Cr. P. C. , to the police concerned for investigation. The police after investigation filed a final report stating that the allegations disclose a civil dispute and do not constitute an offence. The complainant being aggrieved with this filed a fresh complaint and the complainant s sworn statement was recorded and the learned magistrate passed an order taking cognizance against the petitioner. ( 4 ) THE allegations as disclosed in the complaint are that the first accused is the managing Director and 2nd accused is the project Officer. Vani Sugars and Industries ltd. , Punganur and the complainant raised sugarcane crop in the land under an agreement with the accused on 7-1-1994 to supply sugar cane. It is stated that when the complaint s crop was ready for harvest, the accused did not issue cutting order in time to the complainant. While the crop was standing ready for harvest, it caught fire and destroyed 120 tones of sugar cane crop. ( 5 ) A complaint was filed before the district Consumer Forum, Chittoor which was allowed in favour of the complainant. On appeal, the State Forum allowed the appeal and dismissed the complaint directing him to proceed in a civil Court. ( 6 ) THEREAFTER, the accused got in touch with the complainant, requested him not to launch any civil suit and agreed for settlement. It appears that under mutual settlement, it was agreed that the accused shall pay a sum of Rs. 20,000/- towards compensation as against Rs. 65,000/- claimed by the complainant and the accused would also dig a bore well and install an electric meter in his field. The allegation is that the accused failed to carry out the promises made as above. 20,000/- towards compensation as against Rs. 65,000/- claimed by the complainant and the accused would also dig a bore well and install an electric meter in his field. The allegation is that the accused failed to carry out the promises made as above. ( 7 ) THE only lapse attributed to the accused as far as the original agreement of purchase of sugarcane crop is concerned is that when the crop was ready, the accused failed to give the cutting orders in time. There is no allegation that there was any deceit or fraud involved in this. ( 8 ) IN regard to the subsequent agreement regarding payment of compensation and digging of bore well, which according to the complainant was breached by the accused, it is difficult to discern any criminal liability on the accused from this. Thus, it is manifest that the ingredients of offence under section 420 of I. P. C. , have not even been alleged in the complaint. There is no reference to any fraudulent or false representation made by the accused and there is no reference to any property having been delivered by the complainant to the accused in consequence of such fraudulent representation. The allegations do not constitute an offence under Section 420 of i. P. C. ( 9 ) EVEN in regard to the offence under section 417 of I. P. C, which as defined under section 415 of I. P. C. , there is no allegation as to any deception practiced by the accused or any fraudulent or dishonest inducement of the complainant to do or omit to do anything which he would not do or omit if he were not so deceived. ( 10 ) THUS, taking any view of the matter, the offences either under Section 417 I. P. C. , or under Section 420 of I. P. C. , cannot be said to have been made out. Under these circumstances, the proceedings in C. C. No. 531 of 1999 on the file of the Judicial First class Magistrate, Thamballapalli, Chittoor district deserve to be quashed. ( 11 ) IN the result, the Petition allowed and the proceedings in C. C. No. 531 of 1999 on the file of the Judicial First Class magistrate, Thamballapalli, Chittoor district are quashed.