PREMCHAND.R.NAIR Vs. INTEGRATED HOUSING DEVELOPERS LIMITED

JUDGEMENT

(1.) Two sale deeds executed by the petitioners have given rise to two criminal cases, both of which are being challenged in these petitions filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'). Since the material averments, the nature of allegations and the parties are identical, the cases are being disposed of by this common order.

(2.) Petitioners are the accused in C.C. No.1093 of 2018 and C.C. No.1092 of 2018, both on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. The criminal cases arose from complaints filed by the first respondent on 07/02/2017 before the Thiruvananthapuram City Police Commissioner, on the basis of which FIR Nos.306/2017 and 283/2017 were lodged. Pursuant to the investigation, two separate final reports were filed on 25/04/2018, which are the subject matters of this dispute.

(3.) The final reports allege that the accused had committed criminal breach of trust and cheating by selling 8 cents of land in Survey No.1283 as per sale deed No.3633/2012 for an amount of Rs.22,40,000.00 and another 6 cents as per sale deed No.3527/2012 for an amount of Rs.10,60,000.00, despite having executed a power of attorney in favour of the defacto complainant relating to the same properties, and made unlawful gain to themselves and unlawful loss to the defacto complainant and thereby committed the offences under Sec. 406 and 420 read with Sec. 34 of IPC. Except for the change in the sale deed numbers and the dates on which those deeds were executed, the allegations in both final reports indicate that the petitioners had, after issuing a power of attorney to the defacto complainant, sold the two properties included in the power of attorney to other persons, causing loss to the defacto complainant.