LAWS(MAD)-2019-11-156

GANAPATHY Vs. K.BALASUBRAMANIAM

Decided On November 07, 2019
GANAPATHY Appellant
V/S
K.BALASUBRAMANIAM Respondents

JUDGEMENT

(1.) This petition has been filed to quash the private complaint filed by the respondent in C.C.No.220 of 2018 on the file of the Judicial Magistrate No.1, Trichy, having been taken cognizance for the offence under Section 420 of I.P.C. as against the petitioner herein.

(2.) The learned counsel appearing for the petitioner submitted that the respondent filed private complaint alleging that the petitioner and his father are the owner of the property situated in Varagupadi Village, Kunnam Taluk, Perambulur District. The respondent complainant was appointed as Mediator to alienate the said property and also for organising purchasers in terms of the written agreement dated 30.07.2000 and in the said agreement, the petitioner agreed for brokerage to the tune of Rs.33,10,000/- and a sum of Rs.1,00,000/- was paid as advance and the remaining amount of Rs.32,10,000/- is due from the petitioner. Thereafter, as per the agreement, the respondent/complainant arranged purchasers and the petitioner executed the sale deed on16.10.2001. However, instead of several demands made by the respondent, the remaining amount was not paid by the petitioner. Therefore, the respondent lodged a complaint before the City Crime Branch, for which, no action was taken and thereafter, he obtained a direction under Section 156(3) Cr.P.C., on the private complaint and though, the FIR has been registered, it was closed as mistake of fact. Thereafter, the respondent filed a private complaint and the same had been taken cognizance for the offence under Section 420 I.P.C.

(3.) The learned counsel appearing for the petitioner further submitted that the alleged agreement was executed on 30.07.2000, whereas the complaint has been filed only on 02.05.2007 before the Inspector General of Police, Trichy. There is no explanation for the delay in quashment of the original complaint. He further submitted that several complaints, representations were annexed along with the said complaint lodged before the Inspector General of Police, Trichy, as if, he lodged the complaint on 18.02.2002, for which, there is no proof for the lodgment of said complaint.