YENNARKAY R RAJARATNAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed by accused No.2 seeking quashing of charge sheet and the entire proceedings in C.C.No.13283/2016 for the offences punishable under Sec. 420 read with Sec. 34 of IPC.

(2.) The facts leading to the case are as under: The respondent No.2 filed a complaint under Sec. 200 of Cr.P.C. before the IX Additional Chief Metropolitan Magistrate, Bengaluru in PCR.No.2010/2013 against the petitioner herein and five others alleging commission of offences punishable under Ss. 419 and 420 of IPC. The sum and substance of the complaint is that petitioner/accused No.2 was negotiating to sell the lands and in the meantime, the accused No.1 approached the respondent No.2/complainant and offered to negotiate and sell the properties owned by the present petitioner/accused No.1. The respondent No.2 alleged that accused No.1 claims to be a close friend of the present petitioner/accused No.2 and informed respondent No.2 that petitioner intends to sell his properties. The respondent No.2 has further alleged that on 7/10/2011, he along with one B.M.Raghupathy went to Sivakasi and held negotiations with the present petitioner and in the course of negotiation, agreed to sell the properties. The respondent No.2 has further claimed that accused No.1 entered into an agreement of sale on 25/1/2012 with the petitioner for a total sale consideration of Rs.91,50,00,000.00. It is also alleged that accused No.1 assured respondent No.2/complainant that he has paid Rs.25.00 Crores to the petitioner/accused No.2 by way of a cheque. Believing the words of accused No.1, the respondent No.2/complainant claimed that accused No.1 has collected an amount of Rs.3,16,00,000.00 from the respondent No.2/complainant herein.

(3.) The respondent No.2/complainant's grievance is that accused No.1 and the present petitioner having collected huge amount of Rs.3,16,00,000.00 have sold the property in favour of M/s. Shoba Developers without the consent and knowledge of respondent No.2/complainant by virtue of sale deed dtd. 6/11/2013. Hence, a complaint is filed under Sec. 200 alleging that all the accused persons have hand in glove by colluding with each other have hatched conspiracy and have cheated the complainant and huge amount of Rs.3,16,00,000.00 is illegally collected by the accused persons. On these set of allegations, a private complaint came to be filed.