KURIACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in the case C.C.No.243/2015 on the file of the Court of the Judicial First Class Magistrate, Kolencherry. The aforesaid case is instituted on the basis of the complaint filed by the second respondent against the petitioners. The prayer in this petition is to quash the complaint (Annexure A1) by invoking the power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

(2.) The material averments in the complaint filed by the second respondent (hereinafter referred to as 'the complainant') against the petitioners are as follows: On 24.01.2011, the petitioners and the complainant entered into an agreement for sale of land having an extent of 40 sq.metres. As per the agreement, the petitioners had agreed to sell the land to the complainant within thirty days for a consideration of Rs.85,000/-. At the time of the agreement, the complainant paid an amount of Rs.40,000/- to the petitioners as advance towards sale consideration. He paid the balance amount of Crl.M.C.No.4083/2015 Rs.45,000/- to the petitioners on 24.02.2011. However, the petitioners did not execute and register sale deed in respect of the land in favour of the complainant. Thus, the petitioners have committed the offences punishable under Sections 406 and 420 read with 34 I.P.C.

(3.) Learned Magistrate recorded the statement of the complainant and the witnesses and found that there was sufficient ground to proceed against the petitioners for committing the offence punishable under Section 420 I.P.C and numbered the case as C.C.No.243/2015.