RIYAZULLAH KHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Sec. 482 of Cr.P.C. for quashing the FIR in Crime No.70/2021 of Bagalur Police Station, Bengaluru for the offences punishable under Ss. 420 , 406 of IPC.

(2.) Heard the arguments of learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1-State and learned counsel for the respondent No.2.

(3.) The case of the petitioner is that the complainant/respondent No.2/Ibrahim Khan filed a complaint to the Police on 15/4/2021 alleging that one Riyaz Ulla Khan has executed an agreement of sale in his favour in order to sell the land in Survey No.59 measuring 5 acres 3 guntas and in Survey No.60 measuring 5 acres 3 guntas both situated at Meesaganahlli Village, Jala Hobli, Bengaluru on the sale consideration of Rs.3,75,00,000.00 by receiving Rs.5.00 lakhs as advance on 1/7/2019. The said Riyaz Ulla Khan executed GPA on 4/6/2019 in favour of the complainant authorising him to develop the land after assuring and completing of legal hurdles, he will execute the sale deed. Later the said Riya Ulla Khan (hereinafter referred to as 'accused') also executed Memorandum of Understanding (MOU) and the complainant has spent huge amount towards the litigation expenditures in favour of accused in respect of W.P.No.11969/2008 & W.P.No.11970/2008 which were disposed of on 9/7/2019. The accused also obtained Rs.25,00,000.00 by way of cheque on various dates from 27/5/2019 till 27/2/2020. In spite of spending legal expenditures, the complainant cleared all the litigations in favour of the accused and thereafter, the accused refused to execute sale deed, thereby, he has cheated him. Hence, prayed for taking action against the accused. The police after registering the case, took up the investigation which is under challenge.