RAJESH KRISHNAN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the FIR in Cr.No.30 of 2019 registered against the petitioner and two others for the offences punishable under Section 420 r/w 34 of IPC on the file of the first respondent Police.

(2.) The case of the prosecution is that there are three accused, in which the petitioner is arrayed as A1. On the complaint lodged by the second respondent, the first respondent registered a case alleging that the second respondent paid a sum of Rs.32,54,675/- towards consideration for allotment of two residential flats in the project of M/s.Sheltrex Developers Private Limited and received allotment orders. Thereafter, the first accused sent an e-mail stating that they dropped the project at Maraimalainagar and expressing their readiness to allot residential flats at Appur Village, Oragadam. It was agreed by the defacto complainant and on 30.12.2015, they executed two sale deeds in respect of undivided share of land and also executed two construction agreements in favour of the wife of the defacto complainant. As per the terms of the construction agreement, they have to complete the construction within a period of 18 months. Thereafter, the petitioner and others failed to start project and agreed to repay the amount by instalments. Accordingly, Rs.2,00,000/- have been repaid by four instalments and thereafter stopped making payments. Therefore, the defacto complainant caused legal notice and lodged the complaint.

(3.) Mr.V.Padmanabhan, the learned Senior Counsel for the petitioner contended that the entire allegations are false and frivolous and fictitious and no evidence is made out as against the petitioner and as such FIR itself cannot be sustained as against the petitioner. The entire allegations are civil in nature and instead of filing civil suit, the defacto complainant lodged the present complaint. There is absolutely no intention to add the inception of agreement by the petitioner to cheat the defacto complainant and as such the offences under Section 420 IPC is not at all made out as against the petitioner. He further contended that the first respondent without even conducting any preliminary enquiry on the complaint lodged by the defacto complainant, straight away registered the case and as such it is complete violation of the judgment of the Hon'ble Supreme Court of India in the case of Lalita Kumari Vs. State of U.P. reported in (2014) 2 SCC 1.