B SIVAKUMAR Vs. R LAKSHMI

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to call for the records in CC No,330 of 2004 on the file of District Munsif Cum Judicial Magistrate, Uthankarai and quash the same. The petitioner has filed the Criminal Original PETITION to call for the records in CC No,330 of 2004 on the file of District Munsif Cum Judicial Magistrate, Uthankarai and quash the same.

(2.) THE Respondent's case is that the accused and his mother Kumari Bhaskaran are the owners of the property situated in T.S.No,270/3A1 in Tiruvalluvar Nagar, Thiruvannamalai Town and District. THE accused person entered into negotiation with the complainant to sell the property for a sum of Rs.11.5 lakhs as per written agreement dated 13.2.2004. On the date of sale agreement, the complainant paid Rs.7,20,000/- to the accused and his mother/land owners. As per the agreement, the sale has to be completed within three months from the date of the sale agreement. In the meanwhile, the accused and his mother sold the said property to third parties. Knowing the same, the complainant questioned the accused. THEn the accused returned the advance sale consideration to the complainant, by issuing three post dated cheques for the said amount.

(3.) NOW, the petitioner has challenged the case in CC No,330 of 2004 on the ground that the complaint has been lodged by the Respondent, R.Lakshmi W/o P. Sivakumar for alleged offences under Sections 138 and 142 of the Negotiable Instruments Act.