JAMALS ENTERPRISES PVT LTD Vs. VANISRI

JUDGEMENT

(1.) THE petition is filed seeking quashment of the criminal proceedings in C. C. No. 1259 of 2002 pending on the file of the learned XIV Metropolitan Magistrate, Egmore, Chennai.

(2.) THE petitioners are the accused in a case under Sections 198, 403, 406, 409, 417, 418, 420, 447 and 448 r/w Section 34 of the Indian Penal Code.

(3.) THE respondent has filed a private complaint alleging as follows:-The complainant was the sole and absolute owner of the land bearing Door No. 3, Lady madhavan Road, Mahalingapuram, Chennai-34. She entered into an agreement dated 29. 5. 2000 with the accused who are the builders. The complainant also executed power of attorney on 1. 6. 2000 in favour of the accused authorising them to promote the land of the complainant. The accused did not put up the elevation as desired by the complainant in the land. Only after persistent demands made by the complainant, the accused modified the elevation. She cancelled the power of attorney granted in favour of the accused on 7. 8. 2001. Only inferior materials were used in the complainant''s share of flats, whereas superior materials were used in the share of flats of the accused. The accused also executed a memorandum of understanding agreeing to continue the work in accordance with the clauses therein. But the accused failed and neglected to act in accordance with the terms of agreement and the memorandum of understanding.