P NAGARAJU Vs. STATE BY POLICE SUB INSPECTOR

JUDGEMENT

(1.) Though the matter is listed for admission with the consent of both the parties, it is taken for final disposal.

(2.) This is the petition filed by the petitioner/accused under Section 482 Cr.P.C praying this Court to quash the proceedings commencing from order dated 17/3/2017 and after investigation by respondent-Police and also after the charge-sheet in proceedings case came to be filed in C.C.No.130/2018 pending on the file of the learned Principal Civil Judge & Judicial Magistrate First Class, Ramanagara.

(3.) Brief facts of the case of the complainant as per the complaint averments filed under Section 200 Cr P.C filed before Principal Civil Judge & Judicial Magistrate First Class, Ramanagar, in brief goes to show that the petitioner here is the owner of the property bearing Sy.No.21 of Hejjala Village out of 9 acres and 16 guntas, an extent of 6 acres and 12 guntas in favour of the complainant by a registered sale deed dated 15/6/2016. Further the averments goes to show that all the lands totaling 6 acres 12 gunts were purchased by crores of funds provided to him by the complainant-M/s.Indium Developments Private Limited. The accused has admitted the same in para 11, 12, 13 and 14 of the recitals of the sale deed dated 31/05/2006 executed by him in favour of the complainant. The accused sold the above parcel of the lands and along with several others to the complainant under the sale deed dated 31/05/2006 and the same was registered in the office of the sub-registrar vide document No.RMN-1-01739- 2006-07, stored in CE No.RMND33 dated 12/06/2006. The further allegation in the complaint that thereafter accused has created the documents claiming title to the above mentioned parcel even after selling to respondent No.2, with a dishonest intention to cheat the complainant and cause injury and damage and loss to the complainant, has obtained two time loans from Canara Bank both by mortgage and the above mentioned parcel of the land which do not belong to him but belong to M/s.Indium Developments Private Limited by creating a simple mortgage deeds both dated 28/06/2016 have been registered on the file of the Sub- Registrar office at Ramanagara. The land use of the above parcels of the land have already been converted to non-agricultural land by an order dated 23/05/2006 made in ALN(R)SR43/2005-06 by the Deputy Commissioner and has been admitted by the accused in the schedules to the sale deed dated 31/05/2006. In the above circumstances, accused has made the following false and fraudulent statements in the Mortgage Deeds. Accused states in Para-2 of the mortgage deed dated 28/06/2016 (Annexures 2 and 3) that he is absolute owner of the land parcels mortgaged. The accused states in para 8 thereof that he has the right to convey the property by way of mortgage which is also a false and fraudulent statement. In para 2 of the Mortgage Deeds accused has also stated that he is carrying on agriculture in the said parcels of lands whereas on his own admission in the Sale Deed dated 31/05/2006 the land parcels are no more agricultural lands but their use has been converted to nonagriculture as long back as in 2006. Hence all these allegations the complaint came to be filed by the complainant before the learned Magistrate which came to be recorded for the offences under Sections 427, 465, 425 and 468 of IPC. FIR came to be registered in Crime No.250/2017 and after investigation the police have also filed the charge sheet for the alleged offences under section 420 of IPC.