ADARSH PRAVA PURI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Leave granted.

(2.) By our Order, dtd. 24/4/2023, while issuing Notice, we had granted Interim Protection to the Appellants - Adarsh Prava Puri and Manohar Puri.

(3.) Learned Counsel for the Appellants - Adarsh Prava Puri and Manohar Puri has drawn our attention to the assertions made in the First Information Report (FIR) No. 21/2022, dtd. 18/1/2022 registered at Police Station - Airport, District - UPD, Bhubaneswar, Odisha for the offence(s) punishable under Ss. 420, 294, 506 & 34 of the Indian Penal Code, 1860 (IPC). As per the Complainant - Respondent No.2 in the present Appeal, had paid Rs.53.00lakhs, pursuant to and in terms of the Agreement to Sell, dtd. 21/1/2021, to the Appellants - Adarsh Prava Puri and Manohar Puri. It is submitted failure and denial to execute the Sale Deed is not a Criminal offence. Reliance was placed on the decision of this Court in Mohammed Ibrahim and Others v. State of Bihar and Another, 2009 (8) SCC 751. It is submitted that offence of cheating would be made out only if at the time of execution of the Agreement to Sell or payment of money the intent of the Appellants - Adarsh Prava Puri and Manohar Puri was mala fide and fraudulent. It is submitted that the Appellants - Adarsh Prava Puri and Manohar Puri, in fact, accept having received Rs.23.00 lakhs. They, however, dispute having received Rs.30.00 lakhs stated to have been paid in cash.