SHANKAR Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the First Information Report in Crime No.18 of 2015 on the file of the first respondent, registered for the offence under Section 406 and 420 r/w 506(i) IPC.

(2.) The case of the prosecution is that the second respondent has entered into a sale agreement on 21.03.2012 with the petitioners for purchasing a property for the total sale consideration at Rs. 17,25,000/-. According to the defacto complainant, he paid a sum of Rs. 4,50,000/- as advance to the petitioners. In the said sale agreement, the time for execution of sale is specifically mentioned as three months. Even though the second respondent is ready and willing execute the sale deed as per the terms of the agreement, the petitioners did not come forward to do so. When the defacto complainant questioned the same, the petitioners have threatened the defacto complainant with dire consequences. Hence, the present complaint.

(3.) The learned counsel appearing for the petitioners submitted that there is no offence made out to take cognizance as against the petitioners. Even as per the case of the prosecution, the petitioners have entered into the sale agreement with the defacto complainant in which, they have received a sum of Rs. 4,50,000/- as an advance. Thereafter, the defacto complainant also issued notice calling upon the petitioners to perform their part of contract as agreed by them as per the terms of the agreement dated 21.02012. Therefore, the entire issue is civil in nature and the defacto complainant is trying to give criminal color and foisted a false case as against the petitioners herein with mala fide intention in order to harass the petitioners with ulterior motive.