DINESH KAMATH K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused No.1 under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') for quashing the F.I.R. in Crime No.142 of 2021 registered by Sanjay Nagar Police Station, Bengaluru, for the offences punishable under Sections 420, 120B, 504 and 506 read with Section 34 of the Indian Penal Code, 1860 (for short, 'IPC').

(2.) Heard the arguments of the learned counsel for the petitioner-accused No.1, learned counsel for respondent No.2- complainant and the learned High Court Government Pleader for respondent No.1-State.

(3.) The case of the petitioner is that, on 23-7-2021, Uttamchand-respondent No.2 filed a complaint alleging that he has entered into Agreement of Sale on 31-1-2013 with Ramesh-accused No.2 for purchase of land in Survey No.145 of Varthur Hobli, Ammani Belandur Khane, Marathahalli Village, Bengaluru West, for total consideration of Rs.4.10 crore and paid Rs.4.00 crore to accused No.2 by way of cash. Accused No.2 did not execute the sale deed in his favour and was dragging the same. Hence, he approached the petitioner for settlement and handed over the original documents of the property to him. When the petitioner failed to get the sale deed in his favour, he sought to return of original documents and the petitioner failed to return the said documents. Suspecting the foul play, he applied for Encumbrance Certificate and found that on 14-9-2016, a sale deed was registered in the name of the petitioner. He further alleges that the said property was later sold in favour of M/s. Divyashree Infrastructure Private Limited. Being aware of the aforesaid transactions, he approached the petitioner and the petitioner assured that the complainant will receive the amount he is entitled for, but he has not paid the said amount. On 5-7-2021, he approached the petitioner for the amount, but he is said to have threatened him with dire consequences by showing gun. Hence, he requested the Police to take action against the accused persons for cheating. The Police registered the complaint and issued F.I.R., which is under challenge.