M CHELUVIAH Vs. AMRUTHAMMA

JUDGEMENT

(1.) BY the impugned order , the sessions Court has set aside the order passed by the learned Magistrate of issuing process against the respondent herein.

(2.) THE records disclose that the petitioner herein lodged the complaint inter alia contending that he agreed to purchase six items of the properties from the respondent for Rs. 12,50,000/ -. The respondent has already sold five items of the properties, except Item no. 3 shown in the schedule annexed to the complaint. The complaint also discloses that an amount of Rs. 1,13,000/- is due by him to be paid to the respondent. The contention of the petitioner is that, as the respondent has refused to sell the aforesaid property to the petitioner as agreed to between the parties, she has committed the offence of criminal breach of trust and cheating etc. , based on these allegations, the complaint was lodged by the petitioner before the Magistrate's Court, Malavalli in P. C. R. No. 42/2002 praying the said Court to prosecute the respondent for the offences punishable under Sections 109, 110, 406, 417, 418, 420 and 423 of IPC. The learned Magistrate by the order dated 1-7-2002 issued process against the respondent. The said order was assailed by the accused-respondent herein before the Sessions Court, Mandya, by filing Criminal Revision Petition No. 95/2002. The learned Sessions Judge, by holding that it is purely a case of breach of agreement, allowed the revision petition and consequently , dismissed the complaint.

(3.) THE learned counsel for the petitioner contended that the facts on record clearly disclose the criminal intention on the part of the respondent to cheat and to misappropriate the amounts paid by the petitioner to the respondent and consequently, he submitted that the respondent is liable to be prosecuted for the aforesaid offences. On the other hand, learned counsel for the respondent argued in support of the order passed by the Court below.