M.T. KARIYAPPA Vs. G.P. UDAYA

JUDGEMENT

(1.) Respondent No.1 lodged the first information report alleging that he is the owner of the subject property and he had borrowed money from accused Nos.1 to 5 and when they insisted for repayment he was compelled to sell the subject property in favour of the accused Nos.1 to 4 and negotiation were held in the office of petitioner-accused No.6 who is an advocate and on his assurance that, the amount of Rs.1.25 Crores will be paid as sale consideration, he executed the registered sale deed in favour of the accused Nos.1 to 4 in respect of the subject property.

(2.) It is further alleged that accused Nos.1 to 5 without paying balance sale consideration out of the total amount of sale consideration of Rs.1.25 Crores, demolished the building situated in the subject property and also assaulted him. The Police registered the FIR for the offence punishable under Ss. 427 , 506 , 504 , 448 , read with 34 of IPC against the petitioner and other accused. Taking exception to the same, petitioner-accused No.6 is before this court.

(3.) Learned counsel appearing for the petitioner-accused No.6 submits that the only allegation as against petitioner- accused No.6 is that the negotiations were held in the office of the petitioner-accused No.6 and on the assurance given by the petitioner-accused No.6 that the entire sale consideration amount will be given to the complainant-respondent No.1, respondent No.1 executed the sale deed in favour of the accused Nos.1 to 4. However, without paying the balance sale consideration of Rs.40,00,000.00they have sold the property worth Rs.1.25 Crores and have cheated the respondent No.1.