J. PRASATH Vs. STATE

JUDGEMENT

(1.) This Petition is filed to quash the First Information Report in Crime No.158 of 2017, dtd. 2/5/2017, on the file of the First Respondent-Police.

(2.) The case against the Petitioners is that the De facto Complainant is the Owner of the landed property in Survey No.5/2 of Kodaikanal Town and the total extent of the property is 46 cents and the De facto Complainant agreed to sell the property for a sum of Rs.1,29,50,000.00 (Rupees One Crore Twenty Nine Lakhs Fifty Thousand only). The Petitioners remitted a sum of Rs.54,00,000.00 (Rupees Fifty Four Lakhs only) as part of the Sale consideration and they assured to pay the balance Sale consideration of Rs.75,00,000.00 at the time of registration of the Sale Deed. The Sale Deed was registered in favour of the Petitioners 1 and 2 on 10/12/2012. But the Petitioners did not pay the balance Sale consideration as assured by them. The De facto Complainant lodged a Complaint before the Kodaikanal Police and the Superintendent of Police, Dindigul who directed her to file a Complaint before the Commissioner of Police, Madurai.

(3.) Before the Commissioner of Police, the Petitioners 1 and 2 admitted the offence. The Third Petitioner being the friend of the First Petitioner has admitted the liability and he issued three Cheques drawn at HDFC Bank, North Veli Street, Madurai to the tune of Rs.90,00,000..00 Since the account was closed before two months, the Complainant cannot get the balance amount. The De facto Complainant lodged a Complaint on 11/1/2016 before the Superintendent of Police, Dindigul and on 12/7/2016, another Complaint was lodged before the Anti Land Grabbing Unit. Since no action was taken, the De facto Complainant lodged a Private Complaint before the District Munsiff cum Judicial Magistrate, Kodaikanal in Crl.M.P. No.934 of 2017.