GOPALA RAMANATH Vs. MUTHUVEL

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in c. C. No. 5800 of 1989 on the file of the learned Additional Chief Metropolitian magistrate, Egmore, Chennai. The complainant, who had lost his case before the trial Court in a private complaint preferred by him under Section 200 of cr. P. C. against the accused for an offence under Sections 341,342,384,385 and 506 (ii) of IPC r/w 34 of IPC, is the appellant herein.

(2.) THE short facts narrated in the complaint by the complainant against the accused are that the complainant is doing Real Estate business in the name and style of "m/s IVY Real Estate" and that p. W. 2 is the Manager of the said business. During September 1988, one selvarathinam had approached the complainant and offered his land measuring 9 acres 83 cents at Vadanemmeli Village, Chengleput District for sale and also entered into an agreement with the complainant. When the complainant was in search of a prospective purchaser of the said land, A2 a real estate broker brought one Sankaran and introduced him to the accused as a prospective buyer. After visiting the lands, Sankaran did not pursue the matter. THEreafter, one j. Mohan Joseph, Real Estate Agent had introduced Anilkumar and Jagadishkumar to the complainant and they have expressed their desire to purchase the said land and in pursuance of it, they have paid an advance amount of Rs. 2,00,000/- to the complainant on 21. 12. 1988 and that the sale deed was also executed in their favour in respect of the said land on 20. 1. 1989. According to the complainant, a2 has not rendered any service in respect of the sale of the land in favour of anilkumar and Jagadishkumar. In the mean time, A2 had preferred a complaint against the complainant with Teynampet Police on 17. 2. 1989. Two policemen came to the house of the complainant along with A2 and took him to the Teynampet police Station informing that he was wanted by A1, the Inspector of Police where A1 abused the complainant and also his Manager (P. W. 2) and had assaulted both of them with hands and lathy and under threat and under criminal intimidation, A1 demanded Rs 1,00,000/- to the complainant to be paid to A2. Fearing the arrest and harassment by A1, the complainant proceeded to his house escorted by constables Babu, Ayyampillai and A2 and withdrew Rs. 50,000/- from the South Indian Bank, Mylapore Branch,chennai and returned to the police station with money and produced before A2 which was received by A1 and kept in his cubboard. When the complainant demanded a receipt, again A1 threatened to arrest the complainant, if he divulged the matter to anyone. A2 also abused the complainant in filthy language. THE complainant has also approached the principal Sessions Court, Chennai for Anticipatory Bail. But the said application was dismissed on the ground that no case was filed against the complainant. Hence the complaint.

(3.) PENDING trial, A2 was absconding and as against him the case has been spilt up as C. C. No. 9239 of 1993.