C NAGESWARA RAO Vs. K MALLIKARJUNA RAO

JUDGEMENT

(1.) This petition under S. 482, Cr. P.C. seeks quashing of proceedings in Crime No. 183/2000 registered at Police Station, Panjagutta, in which the petitioner is accused of offence under Ss. 420 and 506, IPC.

(1.) The relevant allegations in the complaint on the basis of which this FIR was registered may be stated briefly as follows : that the petitioner agreed to sell certain house property in favour of the complainant. It was known that the property agreed to be sold was mortgaged in favour of Mahesh Co-operative Bank for certain loan which was still outstanding. The petitioner agreed to clear that loan and obtained the entire sale consideration from the complainant. Subsequently, the petitioner executed another document in favour of the complainant described as supplemental agreement or ratification deed in which a representation was made by the petitioner that the amount due to the Mahesh Co-operative bank has been cleared. It was later discovered by the complainant that the loan outstanding to the said bank was in fact not cleared by the petitioner.

(3.) The contention of the learned counsel for the petitioner is that these allegations do not constitute an offence under S. 420, IPC and that there is not even an allegation which may even remotely indicate an offence under S. 506, IPC. The learned counsel for the respondent No.1 counters this contention by pointing out that it was on the specific undertaking on the part of the petitioner that he will clear the loan due under mortgage of the property under sale that the complainant had purchased property and that omission to do so and deliberate misrepresentation that in fact loan has been cleared indicate offence under S. 420, IPC.