M.DHANALAKSHMI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The charge sheet is filed for the offences punishable under Ss. 420, 504, 506(B) read with Sec. 34 of IPC alleging that petitioner No.1/accused under the pretext of looking after the complainant got executed a power of attorney and affidavit in her favour. Subsequently without taking care of the complainant, the petitioner No.1 has entered into a sale agreement with one Mr.Ramachandraiah and received a sum of Rs.1,00,000.00 and thereby has committed the aforesaid offence.

(2.) Learned Magistrate after accepting the charge took cognizance of the aforesaid offence and issued summons to the petitioners against which the present petition is filed.

(3.) Learned counsel for the petitioners submits that as on the date of filing of the complaint, the complainant had divested herself of the subject property by executing a registered deed of cancellation in favour of the original owner. He further submits that the allegation made in the complaint even accepting on the face of it, does not constitute the commission of the offence alleged against the petitioners-accused. He further submits that the complaint is not maintainable for not having complied with Sec. 154 Cr.P.C.