CHELLA BASKER Vs. GANESAN

JUDGEMENT

(1.) THIS Criminal Revision has been preferred challenging the order dated 24.5.2011 made in Crl.M.P. No. 2299 of 2011 on the file of the learned Judicial Magistrate, Sankarankovil.

(2.) THE petitioner herein had filed a private complaint against the respondents under Sections 200 and 156 (3) of the Code of Criminal Procedure. In the private complaint, the petitioner has stated that he was employed as Assistant Surgeon in E.S.I Government Hospital, Sivagasi, on the date of complaint. According to him, when he was visiting his punja land at Kaarisathan village, the first respondent/ Ganesan, who owned the neighbouring land, informed the petitioner that he had 51 1/2 cents land on the East in S. No. 281/1B and his brother Murugan got 5I1/2 cents land on the West of his property and requested him to purchase the said lands, since both were willing to sell the property to the petitioner herein. He has further stated that the first respondent is the husband of second respondent, the third respondent is paternal cousin of the first respondent and the fourth respondent is a land broker. The respondents 1 to 3 and the said Murugan had informed the petitioner that the first respondent and his brother Murugan are jointly owning 1 acre and 15 cents of land in S. No. 281 /1B and also showed their land to the petitioner.

(3.) THE petitioner has further stated that the third respondent is working in BSNL Office, Madurai as JDO, who informed the petitioner that he was also owning an extent of 1 acre 84 cents of land in S. No. 888 and 901/1 at Kaarisathan Village and told the petitioner to purchase his land also and accordingly, the consideration was fixed at RS.600/- per cent and an advance amount of RS.25,000/- was paid to the third respondent on 24.3.2009 through the fourth respondent/land broker. Subsequently, on 27.5.2009, the third respondent received a sum of RS.40,000/- from the petitioner and on 20.9.2009, he received a sum of RS.15,000/-. A sum of RS.10,000/- was deposited in the bank account of the third respondent at State Bank of India, Thallakulam Branch, Madurai, as requested by him. On 23.9.2009, on behalf of the third respondent, the first respondent received a sum of RS.15,000/- and totally a sum of RS.1,05,000/- was received by the respondents 1, 3 and 4 from the petitioner. However, the third respondent failed to execute sale deed in respect of 1 acre and 84 cents of land belonging to him. According to the petitioner, the respondents 1 to 4 have totally received a sum of RS.2,20,000/-, however, the second respondent filed a suit on false averments in O.S. No. 103 of 2011.