M NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners herein are alleged to have committed offence under Section 420 of IPC in the case, Crime No.47/2015 registered by the respondent No.1-Police.

(2.) The allegation against them is that complainantcompany had purchased the land in Sy.No.67 of Navarathna Agrahara Village, Jala Hobli, Bangalore North Taluk. Since the land was not partitioned, they entered into an agreement with the accused No.1 for a sum of Rs.90 Lakhs to get the confirmation deed from the other sharers on 25.3.2014 and paid a sum of Rs.20 Lakhs in advance. From the last three months, the accused is dodging the matter and demanding for extra amount. Since the complainant insisted him to go by the terms of the agreement, the accused on 17/09/2014 went near the office of the complainant along with 20 persons and put threat and warned that they will be coming back again.

(3.) Sri.Prabhugoud B Tumbigi, learned counsel for the petitioners submits that the dispute between the parties is purely civil in nature, now given the colour of crime. If the complainant is aggrieved by the denial of the accused to execute the confirmation deed, they are well within their authority to proceed in accordance with law before the appropriate forum. The entire complaint averment does not attract the offence under Section 420 of IPC. The Chikkajala Police have no jurisdiction over the matter since incident of 17/9/2014 which is allegedly taken before the office at Infantry Road, the entire complaint and the FIR are liable to be quashed.