M. SURESH Vs. STATE OF A.P.

JUDGEMENT

(1.) These appeals have been preferred against the order dated 30 th March, 2012 passed by the High Court of Andhra Pradesh in Criminal Petition Nos.7657 of 2009 and 7588 of 2010, whereby the High Court has declined to quash the proceedings initiated against the appellants by respondent No.2 by filing a criminal complaint bearing CC No.1736 of 2006 dated 26 th June 2006 before the III Addl. Chief Metropolitan Magistrate at Hyderabad. The appellants are named as accused Nos. 1 and 2 respectively.

(2.) The case set out in the complaint is that accused No. 2 (A 2) introduced accused No.1 (A 1) as owner of the land admeasuring 39 acres 19 guntas in the State of Karnataka. A -2 assured the complainant that A -1 was a genuine person and the complainant agreed to purchase the land in December, 2004 and paid Rs.10 Lacs as advance. On 22 nd January, 2005 a MOU was also entered into between the complainants and A -1. A -3 and A -4 were the witnesses. In all, a sum of Rs.85 Lacs was paid by the complainant by way of demand drafts to A -1. The accused were to hand over the documents of the property before 15th April, 2015 to enable the complainant to arrange the loan from the banks. Since this was not done, the complainant asked the accused to either return his money or to comply with the commitments. A -1 paid two cheques dated 5 th May, 2005 for Rs. 7 Lacs and Rs.85 Lacs respectively but the cheques were dishonoured. Thereafter, negotiations took place between the parties and the complainant arranged bank draft of Rs. 1 crore on 5th September, 2005 to complete the deal on the condition that copies of documents will be made available to him. But when the complainant received no response, he believed that the appellants had cheated him by making him to pay Rs.85 Lacs and further making him to arrange a sum of Rs. 1 crore. A -1 executed sale deeds in favour of A -2 pertaining to part of the said land which showed that A -1 was not going to complete the deal.

(3.) The appellant sought quashing of the criminal proceedings on the plea that it was a civil dispute and the appellants -accused had paid to the complainant an amount of Rs.95 Lacs as follows :