THANKAMANI Vs. USHADEVI

JUDGEMENT

(1.) The complainant in C.C.No.502 of 2012 of Judicial First Class Magistrate Court-I, Vaikom, aggrieved by the discharge of the accused holding the charge against them as groundless under section 245(2)Cr.P.C, has approached this Court in revision.

(2.) According to the complainant, first accused is a document writer and the fifth accused is his sister. Third and fourth accused are real estate brokers. The second accused is the brother- in-law of the third accused. According to the complainant, she purchased 5.330 cents of land from one Santhosh Kumar as per sale deed No.2189/2010 dated 20.08.2010. First accused was the document writer. Accused Nos.3 and 4 had participated in the transaction as the real estate brokers. According to her, in the course of executing the document, blank signed papers were got obtained from her. Misusing it, accused Nos.1 to 5, purported to create a forged document dated 20.08.2010 produced as Ext.P5, by which, the complainant purported to sell the property to the second accused for a consideration of Rs.3,50,000/-. An advance of Rs.50,000/- was stated to have been received by the complainant as advance. The second accused filed a civil suit as O.S.No.134 of 2011 before the Munsiff's Court, Vaikom. It is on the above agreement, they obtained a decree claiming that the suit was initiated to substantiate a false claim and that the accused had thereby committed offences punishable under sections 465, 467, 468 and 474 r/w 34 of the Indian Penal Code.

(3.) After enquiry, jurisdictional magistrate took cognizance of the case and issued process to the accused. After their appearance, PW1 was examined under section 244 Cr.P.C. Exts.P1 to P9 were marked. Both sides were heard. Court below, by the impugned order, held the charges against the accused to be groundless and acquitted to the accused.