BHAGAMANDALA PLANTATION LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. praying this Court to quash the FIR in Crime No.49/2020 registered for the offences punishable under Sections 406, 417, 418, 420, 425, 120B and 149 of IPC, pending on the file of the IV ACMM, Bengaluru.

(2.) The factual matrix of the case is that respondent No.2 had filed a complaint stating that the petitioners herein had entered into an agreement of sale in the year 2016 agreeing to sell the property for a tune of Rs.19 Crores to the extent of 516.95 acres and received an amount of Rs.5 Crores in all on different dates. Inspite of receiving the amount of Rs.5 Crores, the petitioners herein have not come forward to execute the sale deed and instead of executed the registered sale agreement in the month of August 2020 in favour of someone else. It is alleged that the petitioners with a dishonest intention entered into an agreement and received part of sale consideration and fraudulent act of executing the sale agreement during the subsistence of the earlier sale agreement agreed to sell the property. Based on the complaint, the police have registered the case. Hence, the petitioners are before the Court.

(3.) The learned counsel for the petitioners would submit that petitioner Nos.1 and 2 are the Company and petitioner Nos.3 to 13 are the share holders of the Company. The learned counsel would submit that respondent No.2 has already filed a civil suit seeking relief of specific performance and it is the matter of dispute which is civil in nature and there are no criminal culpability to initiate the proceedings against the petitioners herein. The learned counsel would submit that the sale agreement was entered into only by accused No.4 i.e., petitioner No.4 herein and there is no allegation against the other petitioners in the complaint and only received an amount of Rs.50 lakhs on the date of the agreement. Hence, there cannot be any proceedings against the other petitioners. When a civil suit is pending before the Court, there cannot be any criminal proceedings and hence it requires interference of this Court.