N MUNUSAMY Vs. P KASTHURI

JUDGEMENT

(1.) The petitioner has filed this Criminal Original Petition to call for the records and quash the proceedings as against the petitioner in C.C.No.966 of 2009 pending on the file of the Judicial Magistrate, Thambaram.

(2.) The case of the petitioner is that the above Calendar Case in C.C.No.966 of 2009 on the file of the Judicial Magistrate, Tambaram in protest petition for offences under Section 406, 418, 420 and 120-B read with 34 of I.P.C, came to be filed by the respondent as against the petitioner and two others. As per the above complaint, the petitioner was accused by the respondent for the alleged indulgence of cheating the respondent herein, by purchasing a property, in respect of which there was already a sale agreement entered upon by the respondent and the 1st accused. The case of the respondent is that she as a purchaser entered into sale agreement with respect of a property situated in survey No.456 with the 1st accused /Vendor namely Kandhasamy for a total sale consideration of Rs.8,20,000/-. As per the sale agreement an advance amount of Rs.1,40,000/- was also paid to the 1st accused. However, the 1st accused without fulfilling his contractual obligation by receiving the balance sale consideration and registering a sale deed in favor of the respondent, but joining with the petitioner herein cheated the respondent by alienating the very property in favor of the petitioner. The above act of the respondent vendor and the petitioner attracted the offence under Section 406, 418, 420 and 120b r/w 34 of IPC.

(3.) According to the petitioner, the above complaint of the respondent is an utter false and the same is nothing but an abuse of process of Law. The petitioner is only a bonafide purchaser and he having verified that there is no encumbrance over the property, has purchased the above property vide a registered sale deed dated 27.09.2006. However, the petitioner is falsely inflicted with the above complaint. It can be ascertained from the event of closure of an identical complaint with same set of allegations preferred before the Learned Judicial Magistrate, Thambaram under Section 200 Cr.P.C for the offences under Sections 406, 418, 420 and 120 (B) r/w 34 of IPC. The said complaint was investigated by the Inspector of Police, Chittalpappam and the dispute since revealed as purely civil in nature was closed and the corresponding final report came to be filed on 11.08.2007.