S. ARUMUGAM Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of Criminal Procedure Code seeking direction upon the respondent to register the case on the complaint dated 05.04.2014 according to law.

(2.) IT is submitted by the learned counsel for the petitioner that the complaint discloses offences punishable under Section 420 of IPC and essential ingredients of cheating has been stated and relied upon the Judgment of the Hon'ble Supreme Court reported in : 1999 Cri. L.J. 1833 (Rajesh Bajaj v. State NCT of Delhi and Others) and : 2000 Cri. LJ. 1487 (M/s. Medehl Chemicals and Pharma Pvt. Ltd. v. M/s. Biological E. Ltd. and others) in support of his contention.

(3.) ACCORDING to the complainant/petitioner on 30.01.2014, a sum of Rs. 10,00,000/ - was paid as advance and when he demanded the receipt, the accused told that the complainant was a working partner and therefore, there was no necessity for giving receipt. Thereafter, accused constructed building and when the complainant asked him to deliver the house and execute a sale deed, the accused gave promise that he would register the sale deed during the 1st week of March, 2014. However, when the complainant went to the property, he came to know that even on 05.03.2014, the apartments were purchased by various persons and when he questioned the accused, he was asked to come to his place on 01.04.2014 and thereafter, he was threatened by various persons and therefore, a case has to be registered against the accused for having committed offence under Section 420 IPC.