K. A. PRATAP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners - accused Nos.11, 2, 6, 3 and 4, who are sought to be prosecuted for the offences punishable under Ss. 417, 420, 406, 506 read with Sec. 149 of IPC, are before this Court.

(2.) The respondent No.2 filed a complaint before the jurisdictional police alleging that, the accused No.1, who is a Managing Director of Vikram Structures Pvt. Ltd., executed an agreement of sale in his favour agreeing to sell 2000 sq.ft. of built up area in the commercial complex constructed by the Company, and a sum of Rs.1,06,00,000.00 was received towards entire sale consideration. Despite the sale agreement, the Company conveyed the subject property in favour of the third party. The accused Nos.2 to 5 and 7 to 10 are the directors of the Company. The accused No.6 is the Real Estate Agent. The accused No.11 is an Advocate, who drafted the sale agreement, which was executed in favour of the respondent No.2. Taking exception of the same, the accused Nos.11, 2, 6, 3 & 4 are before this Court.

(3.) The learned counsel for the petitioners submits that, even accepting the allegation made in the FIR, utmost, tantamounts to breach of conditions contained in the sale agreement, which is purely civil in nature. He further submits that, in the absence of any allegation that, the accused herein induced the respondent No.2 to enter into an agreement of sale with an intention to cheat, which is an essential element so as to constitute the commission of offence under Ss. 406 , 420, the registration of the FIR is impermissible.