PETER Vs. S YESUDHAS

JUDGEMENT

(1.) The Ist accused in C.C. No. 944 of 1987 on the file of the Judicial First Class Magistrate, Padmanabhapuram has filed this petition under Section 482 of the Code of Criminal Procedure to call for the records in the abovesaid calendar case and quash the same.

(2.) The respondent has filed a private complaint against four accused and the petitioner herein is the Ist accused. The allegations in it are briefly as follows : On 12-9-1986, the Ist accused entered into an agreement with the complainant for sale of St. Peters R.C. Primary School and the appurtenant site and that agreement was reduced into writing. On that day, a sum of Rs. 50,000/- was paid as advance and the sale price was agreed as Rs. 2,60,000/- and the balance of sale price was agreed to be paid within three months from the date of the agreement. On 28-10-1986, the Ist accused sent a telegram to the complainant, asking him to meet him on 10-11-1986. On 3-11-1986, the complainant sent a telegram to the Ist accused stating that the sale price is ready and asking him to execute the sale deed on 10-11-1986. The complainant went to the house of the Ist accused and waited for him; but he was not available. On 4-11-1986, the Ist accused sold the said St. Peters R.C. Primary School and the appurtenant site to accused 2 to 4 by executing a sale deed in the Sub Registrar's Office, Kunjathukal in Kerala. On 14-11-1986, the Ist accused sent word through Soman to the complainant to pay the remaining sale price amount and complete the sale. Thus he has committed the offence punishable under Section 420, I.P.C. and the other accused are liable to be punished under Section 420 read with Section 34, I.P.C.

(3.) Mr. V. Sai Ram, learned counsel appearing for the petitioner states that the prosecution regarding the other accused persons were quashed already. So, we are concerned only with the Ist accused.