KRISHNAMURTHY H. C. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners - accused Nos.1 to 3, who are sought to be prosecuted for the offences punishable under Ss. 420 , 447, 506 and 120B of IPC, are before this Court.

(2.) The case of the prosecution is that, the accused executed an agreement of sale in favour of the defacto complainant to convey the subject property for valuable consideration, and in lieu of the same, a sum of Rs. Three crore was paid as earnest money, and also put in possession of the subject property under the sale agreement.

(3.) The accused Nos.2 and 3 are the witnesses to the agreement of sale. During subsistence of the agreement of sale, the accused No.1 conveyed a portion of the subject property to the third party with an intention to cheat the defacto complainant. The cognizance taken of the aforesaid offences is impugned in this petition.