AMHALAVANAN Vs. A ANHALAGAN

JUDGEMENT

(1.) PETITIONER is the second accused in C.C. No. 56 of 1998 on the file of the Judicial Magistrate, Ariyalur, and the proceedings against him and another came to be initiated by way of a private complaint at the instance of the respondent for an offence under Section 420 IPC. In the said complaint, the respondent has alleged that the petitioner wanted him to sell some lands and that he refused and later, agreed to sell them and accordingly, the sale deed was executed and the property was conveyed through the said sale deed. It is the further allegation in the complaint that one of the considerations for the said sale is the promise made by the petitioner to offer transport contract for transporting limestones and that later, the petitioner went back on his promise and the contract was offered to other persons.

(2.) IN my view, the allegations in the complaint did not make out an offence punishable under section 420 IPC since the ingredients of the offence are not made out. It is the admitted case that the lands were sought to be purchased by the petitioner from the respondent and the respondent also conveyed the property by way of a sale deed. The fact that the petitioner offered to give contracts to the respondent for transporting limestones and that he did not give any such contract after the purchase, is not a ground to prosecute the petitioner, stating that he has cheated.