GANESH MURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused Nos.10, 37, 48, 49, 53 and 12 under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in Crime No.75/2020 registered by Parappana Agrahara Police Station, now pending on the file of IV ACMM, Bengaluru, for the offences punishable under Ss. 120B, 420 , 406, 465, 409, 468, read with Sec. 34 of IPC.

(2.) Heard the arguments of Sri. H.P. Leeladhar, learned counsel for the petitioners, learned High Court Government Pleader for respondent No.1 and Sri. K. Suman, learned Senior counsel for the respondent No.2.

(3.) The case of the prosecution is that on the complaint of respondent No.2-S.N. Mahadeva, the first respondent police registered a case on 4/3/2020, wherein it is alleged that the land in Sy.No.4 measuring 3 acres 36 guntas situated at Beretena Agrahara village, Begur Hobli, belongs to one Nagaraja Shetty, who executed gift deed in favour of his son one N. Mukunda (accused No.1) on 15/10/2014. The said N. Mukunda along with five others including Smt. Rupa Mukunda, who is the wife of N. Mukunda, registered a partnership firm by a deed dtd. 20/10/2014 in the name and style of M/s. LMRN-Cubatic having its office at Singasandra, Bengaluru. Respondent No.2 complainant is one of the partners of the firm. Accused No.1 along with his wife Rupa invested the said land of 3 acres and 36 guntas of land in the firm as capital and thereby, the firm became absolute owner of the said property. Further accused No.1 along with other accused namely, Maya Mukund, K.R. Sridhar and one Brijesh Reddy conspired together to cheat the firm and they have entered into an agreement of sale of the said property with one K.R. Sridhar and one Brijesh Reddy, claiming to be absolute owners. The said agreement is the registered agreement for sale of the firm/property for consideration of Rs.35,28,36,000.00 and accused No.1 and his family members received Rs.2,81,00,000.00 as advance towards the same. The accused persons, K.R. Sridhar and Brijesh Reddy in spite of having the full knowledge of the fact that the property belongs to firm, deliberately and fraudulently, with dishonest intention entered the agreement of sale of the property. Hence, the complainant filed a complaint in crime No.272/2018 to the respondent police against K.R. Sridhar and Brijesh Reddy, including N. Mukunda for breach of trust and forgery and cheating and the said case is pending. In spite of the same, accused No.1 along with wife and his mother Smt. Navaneetha Nagaraj approached respondent No.2- complainant with one Naveen Kumar, Proprietor of Mavi Homez, a real estate marketing agency, stating that they are cancelling the sale agreement with K.R. Sridhar and Brijesh Reddy as after carving layouts in the said lands, they will sell the sites to various site purchasers and remit the sale consideration directly to the account of the firm where the respondent No.2 complainant is one of the partners. Accordingly, seven sale deeds were executed by accused No.1 and his mother, for which the respondent No.2 complainant and Naveen Kumar were signed as the consenting witnesses. The consideration of the seven sale deeds have not been remitted to the firm, but such amount was received by accused No.1 Mukund and his mother and not given to respondent-complainant. Thereby, the accused persons committed cheating and caused misappropriation and wrongful loss to the complainant. Therefore, the present complaint was filed before the police which is under challenge.