A. KUPPURAJ Vs. M. SRIVIDYA

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the order passed by the Court below in Cr.R.P.No.3 of 2016, dated 10.08.2016, confirming the order passed by the learned Judicial Magistrate-I, Pollachi, dismissing the Complaint filed by the petitioner under Section 203 of Cr.P.C.

(2.) The petitioner filed a private complaint against the respondents on the ground that the petitioner is the owner of a property measuring an extent of 1.45 acres and he executed a Power of Attorney in favour of A-1, which specifically provided that out of the 14 Sites, 13 should be sold by way of housing Sites and one should be sold by way of a Shop Site. The grievance is that the shop Site was also sold as a housing Site by A-1 to A-2, who is her husband. The further allegation made in the Complaint is that A-1 had not properly submitted the accounts for the sale proceeds.

(3.) The Trial Court after going though the entire Complaint and after examining the petitioner, found that the Complaint does not make out an offence under Section 409 and 418 IPC. The Trial Court also gave a finding that the entire dispute is civil in nature and there are absolutely no materials against the accused persons to constitute an offence.