C KUPPUSAMY Vs. I AROKIYA DOSS

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in C.C.No.17 of 2014 on the file of the learned Judicial Magistrate NO.II, Panruti Taluk, Cuddalore District.

(2.) The learned counsel appearing for the petitioners submitted that the petitioners are arraigned as A1 to 5 in C.C.No.17 of 2014 on the file of the learned Judicial Magistrate No.II, Panruti, having been taken cognizance for the offences under Sections 406, 417 and 420 of IPC on the private complaint filed by the respondent herein. According to the complainant, the first petitioner intended to sell his property to the respondent to the price of Rs.2,10,00,000/-. The respondent had paid a sum of Rs.5 lakhs to the first petitioner in the presence of second petitioner and other family members as advance and also executed the sale agreement. Thereafter the second petitioner executed a sale agreement with the petitioners 3 to 5 herein, and the first petitioner refused to execute the sale deed in favour of the respondent and cheated him.

(3.) Per contra, the learned counsel appearing for the respondent/ defacto complainant submitted that the first petitioner entered into sale agreement with the respondent and received a sum of Rs.5 lakhs as advance. The other petitioners are witnessed to the sale agreement and they also ensured the execution of sale deed in his favour. Thereafter the respondent came to understand that the first petitioner is not the owner of the said property and the second petitioner is the original owner of the property. Thereafter, the second petitioner entered into the sale agreement with other petitioners 3 to 5. Therefore the petitioners cheated the respondent and the offences under Sections 417 and 420 of IPC are attracted as against them. Hence, he prayed for dismissal of the quash petition.