D.S.VELMURUGAN Vs. M.C.RAVIKUMAR

JUDGEMENT

(1.) Crl.O.P.(Md)No.13228 of 2015:

(2.) The facts of the case, which has a chequered history, is portrayed as follows:-

(3.) According to the petitioner, a larger extent of land including the subject property originally owned by E.K.K.Syed Mohamed. On 05.07.2006, the said E.K.K.Syed Mohamed gave a Power of Attorney in respect of the property measuring to an extent of 35,265 sq.ft., comprised in T.S.No.38/1A, Block No.6, Ward No.5, Thanjavur Town, to the respondent/complainant - M.C.Ravikumar. Later, the said Power of Attorney was cancelled on 03.09.2007. Thereafter, the owner of the property viz., E.K.K.Syed Mohamed gave a Power of Attorney in favour of the second petitioner/A2 on 07.09.2007 in respect of the property measuring to an extent of 26,000 sq.ft. The respondent/complainant is not the owner of the property. There was no element of entrustment of property or element of cheating in the said transaction. Without proper disclosure of facts, the complaint was filed and the learned Magistrate has also taken it on file.