V.V. GOPINATHAN ACHARI Vs. MADUSOODANAN

JUDGEMENT

(1.) Petitioner stands accused in C.C. No. 397 of 2012 of Judicial First Class Magistrate Court-I, Changanacherry. Annexure A5 is the FIR in Crime No. 430 of 2012 of Karukachal Police Station. Annexure A5 shows that the police registered Crime No. 430 of 2012 against the petitioner alleging offences under Sections 406, 468 and 420 of the Indian Penal Code (for short, "IPC"). A complaint was filed before the learned Magistrate, which was forwarded to the police under Section 156(3) of the Criminal Procedure Code (for short, "Cr.P.C.") for investigation. Gist of the allegations is that the accused/petitioner with an intention to cheat the complainant/1st respondent conveyed a property by a sale deed and later, it was found that the property was encumbered with a Co-operative Bank and therefore, the purchaser could not effect mutation.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the 1st respondent/complainant. Learned Public Prosecutor also was heard.

(3.) Annexure A3 is the judgment in O.S. No. 19 of 2005 of the Munsiff Court, Changanacherry between the parties to this case. It is an admitted case that the complainant, who suffered a decide, took up the matter in appeal and aggrieved by the dismissal of the appeal, he has taken the matter in Second Appeal, which is pending before this Court.