P. WILSON THOMAS Vs. STATE

JUDGEMENT

(1.) This Petition has been filed to quash the FIR in Crime No.8 of 2024 on the file of the First Respondent registered for the offences under Ss. 120-B, 420, 465, 468 and 471 of IPC.

(2.) On the Complaint lodged by the Second Respondent, the First Respondent registered the FIR in Crime No.8 of 2024 on the allegations that the Second Respondent is an Executive Director of M/s. Champion Textile Limited, Coimbatore. He had entered into a Joint Development Agreement with the Petitioners on 24/1/2022 and also executed General Power of Attorney registered vide document No.802 of 2022 in favour of M/s. JMJ Housing Limited, Coimbatore, represented by its Managing Director for construction of 31 houses. Thereafter, the First Petitioner violated the terms of the Agreement without giving any Notice to the Second Respondent, fabricated the forged Life Certificate of the Second Respondent and had executed three Sale Deeds in favour of the second and other Petitioners of the First Petitioner's Company vide Document Nos.3338 of 2022, 5083 of 2022 and 5241 of 2022. The Second Respondent had never appeared before the Doctor who issued the Life Certificate. After knowing the forgery of the Life Certificate, the Second Respondent by his communication, dtd. 28/5/2023, cancelled the Joint Development Agreement and also cancelled the General Power of Attorney. Even after cancellation of Joint Development Agreement and General Power of Attorney, the Accused persons constructed house in Plot Nos.51, 34 & 52 and also kept the display of boards at various places for sale of houses for sum of Rs.45.00 lakhs. Further alleged that without producing the Original Documents such as Parent document in Document No.1767 of 1995, General Power of Attorney, DTCP layout approval, the First Petitioner executed three Sale Deeds in favour of other Accused persons in respect of twelve Plots. Hence, the Complaint.

(3.) The learned Counsel appearing for the Petitioners submitted that the Petitioners are arrayed as A1 to A4. The First Petitioner is the Managing Director of M/s. JMJ Housing Limited, Coimbatore. On receipt of Rs.75.00 lakhs from the Petitioners, the Company viz., M/s. Champion Textile Limited, represented by the Second Respondent had executed Joint Development Agreement and also had executed Power of Attorney to develop the property owned by the Second Respondent. Thereafter, M/s. JMJ Housing Limited had spent more than Rs.1.65 Crores for construction of compound wall, roads, drainage, electric line and other amenities to the property. The Joint Development Agreement and Power of Attorney were entered by the Company in favour of another Company. Therefore, on the strength of Power of Attorney, if any Deed of Conveyance, the Life Certificate of the member is not required as per the Circular issued by the Inspector General of Registration.