BRIJ MOHAN ARORA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Sec. 482 Cr.PC has been filed by accused nos.1 & 2 in Crime No.47/2019 registered by Amruthahalli Police Station, Bengaluru City, for the offences punishable under Ss. 420, 468, 471 & 34 IPC.

(2.) Brief facts of the case as revealed from the records are, petitioners had incorporated a company known as Premium Constructions Private Limited, for the purpose of engaging in real estate activities and in the year 1995-96, petitioners formed a residential layout known as Fortune CRL.P.199/2021 Valley in Dasarahalli village, K.R.Puram Hobli, Bangalore East and for the said purpose, petitioners had acquired land measuring 1 acre 9 guntas in Sy. No.13/2 from the complainant's father Sri Dodda Anjanappa. The petitioners, thereafter, have completed the layout and sold sites to various persons. After a lapse of 24 years, in the year 2019, respondent no.2 who is the son of Dodda Anjanappa has now lodged a complaint before the Inspector of Police, Amruthahalli Police Station, alleging that the petitioners have cheated his father. He has averred that the petitioners had promised to pay additional money in respect of the land acquired from his father and inspite of such a promise, they have failed to pay the amount. It is also averred that the petitioners have formed a bogus layout and have cheated the purchasers. Based on these allegations, FIR in Crime No.47/2019 is registered by Amruthahalli Police Station against the petitioners for the alleged offences.

(3.) Learned Counsel for the petitioners submits that the dispute between the parties is civil in nature and the CRL.P.199/2021 complaint has been filed to settle the scores after an inordinate delay of 24 years, and therefore, he prays to allow the petition.