IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024 (arising out of SLP(Crl.) No. 1476/2023)
M. VENKATESWARA REDDY & ORS. ..... APPELLANT(S)
VERSUS
STATE OF ANDHRA PRADESH (NOW THE STATE OF TELANGANA) & ANR.
..... RESPONDENT(S)
O R D E R
Leave granted.
In our view, this is a clear case of abuse of the criminal
process over a civil dispute.
Respondent No. 2, P. Yobu, who is the complainant/informant,
accepts his signatures on the agreement to sell dated 19.11.2012.
He also accept that they had given the cheque dated 30.11.2012 for
15,00,000/- (Rupees fifteen lakhs only), which, on presentation,₹
was not honoured.
In 2013, relying upon the agreement to sell, appellant no. 1,
M. Venkateswara Reddy, filed a civil suit1 to recover the money
paid at the time the agreement was executed.
The appellant(s) had sued respondent No. 2, P. Yobu, for
recovery, as the latter had already sold the property. The suit was
decreed. Appeal preferred by respondent No. 2, P. Yobu, is pending
1 O.S. No. 532/2013.
1
before the appellate court and has not yet been decided.
In the aforesaid background, the contention of respondent no.
2, P. Yobu, that they had signed the papers on which the agreement
to sell was executed for a different purpose – specifically, to
obtain a loan from the bank – appears, ex facie, far-fetched and
untenable.
In the counter affidavit filed before this Court, a new plea
has been ...