LAZER Vs. YESUPATHAM

JUDGEMENT

(1.) This Criminal Original Petition is filed to call for the records relating to C.C.No.247 of 2016 on the file of the learned Judicial Magistrate, Padmanabhapuram and quash the same.

(2.) The petitioners are accused Nos.1 to 3 in a private complaint lodged by the respondent on the file of the Judicial Magistrate Court, Padmanabhapuram, in C.C.No.247 of 2016, for the alleged offences punishable under Sections 418, 420, 464, 468 and 471 of IPC r/w Section 34 of IPC.

(3.) The gist of the private complaint is that the respondent and his mother one Mariyanesam are owners of certain lands, wherein, they have planted new rubber sapling. It is further stated in the complaint that the first accused approached the complainant and his mothers to lease out their property for a period of 40 months to plant pineapple as inter crops for a period from 01.08.2014 to 30.11.2017 and offered a sum of Rs.6,45,000/- as lease amount for the said period. It is further stated in the complaint that the first petitioner / first accused paid a sum of Rs.2,15,000/- as advance and agreed to pay the balance of Rs.4,30,000/- on or before 30.06.2015. It is further alleged in the complaint that after the first accused planted the pineapple, he did not pay the balance amount of Rs.4,30,000/-. It is further stated in the complaint that when the de-facto complainant / respondent and his mother demanded the balance amount, the first accused come out with a story that he had already paid the entire amount in the presence of the second and third accused and had also obtained a receipt from the de-facto complainant. It is also alleged in the complaint that the first accused by producing the forged document, filed a suit before the learned Judicial Magistrate, Padmanabhapuram, restraining the de-facto complaint from preventing the first accused from doing cultivation. It is further stated in the complaint that the signature of the de-facto complainant has been forged in the receipt with connivance of the accused Nos. 2 and 3.