P.STANLEY BUCK Vs. STATE

JUDGEMENT

(1.) While Crl.OP.No.780 of 2008 is filed by A3/Son, Crl.O.P.No.30488 of 2008 is filed by his parents/A1 and A2 to quash the FIR in Crime No.53 of 2007 pending on the file of Karunya Police Station, Coimbatore, on the basis of the complaint given by the second respondent in Crl.O.P.No.30488 of 2008/defacto complainant.

(2.) The complaint proceeds as if A1 to A3 obtained financial assistance from the defacto complainant to the tune of Rs.25 lakhs between 1989 and 2001 and when the defacto complainant insisted the amount to be repaid, the accused met him during 2003 and induced him to purchase their land measuring 22 acres for Rs.10 lakhs and the defacto complainant having agreed to do so, entered into an unregistered agreement for sale to the tune of Rs.10 lakhs and the amount of Rs.9,35,000/ - due to him was agreed to be adjusted as advance and balance sum of Rs.65,000/ - was agreed to be paid by the defacto complainant to the land owners at the time of registration of the same.

(3.) The complaint further proceeds as if the property was brought for sale by Indian bank with whom it was mortgaged, for due repayment of the amount due to the bank. When the defacto complainant asked the accused about the same, the accused agreed to sell undivided share in another property in S.No.183/4 in Sundakkamuthur Village, Coimbatore District to an extent of 5.06 acres and another property to an extent of 1.87 acres, belonging to A1 and A2 husband and wife respectively, for sale consideration of Rs.15 lakhs and Rs.10 lakhs paid under earlier agreement was treated as advance and a fresh agreement was entered into and another sum of Rs.4 lakhs was paid by the defacto complainant and his friend by name Palanisamy on 4.9.2006 and balance sale consideration of Rs.1 lakhs was agreed to be paid at the time of registration of sale. But the accused neither registered the sale deed nor repaid the amount due to the defacto complainant, thereby committed the act of cheating and the accused are hence punishable under Sections 406 and 420 IPC.