A V M K SHANMUGAM Vs. V SHANTHI

JUDGEMENT

(1.) CRL .O.P.No.16367 of 2007 is laid by A1 to A7 and Crl.O.P.No.18427 of 2007 is laid by A8 in C.C.No.2677 of 2007 on the file of the learned XIV Metropolitan Magistrate, Egmore, Chennai, seeking quashment of the aforesaid proceedings initiated by the respondent as against them.

(2.) THE sum and substance of the complaint is that the first and second Accused having made misrepresentation to the complainant that some rectification deed was to be executed in connection with the lease deed already executed by her in favour of Accused 3 to 7, played fraud upon the complainant and got the subject Power of Attorney executed in favour of first and second Accused and thereafter, the first Accused executed sale deed in favour of Accused 3 to 7, in spite of the cancellation of the said Power of Attorney. The allegation as against the 8th Accused is that he being the Sub Registrar conspired with the first and second Accused to practise fraud upon the complainant. It has been alleged that the white colour offence was deliberately designed and committed by the Accused with the sole intention of cheating the complainant.

(3.) THE Accused 1 to 7 have contended that the allegation as such, does not prima -facie indicate the commission of any offence as alleged by the complainant. She herself went to the Registrar's office and executed on her own the Power of Attorney authorising A1 and A2 to execute the sale deed in favour of A3 to A7. No fraudulent representation was made by the first and second Accused to the complainant. The Accused 1 and 2 have already paid a sum of Rs.1 lakh to the complainant towards a part of sale consideration even prior to the date of execution of the Power of Attorney by the complainant in their favour. The deed of cancellation and the notice issued subsequent to the deed of cancellation to Accused 1 and 2 would go to show that the complainant on her own volition executed the Power of Attorney in favour of Accused 1 and 2. Therefore, Accused 1 to 7 have contended that no case has been made out as against them in the complaint lodged by the complainant.