DANDU MALIKARJUNA Vs. STATE OF A.P.

JUDGEMENT

(1.) The present Criminal petition is filed to call for the records pertaining to C.C. No.423 of 2018 in Crime No.246 of 2018 of Mydukur (u/g) Police Station, and the police have laid the charge sheet for the offence under Ss. 406, 420 IPC and to quash the same.

(2.) The brief facts of the case are that LW1 intended to purchase an extent of land Ac.7.76 cents in Survey No.1384/1B and 1394 of Settivaripalli Village of Mydukur Mandal @ Rs.13,50,000.00 per acre and accordingly paid an amount of Rs.25,00,000.00 towards advance, thereby the petitioner as well as the respondent-complainant executed an agreement of sale to that effect on 23/12/2010 with conditions. Later, the 2nd respondent-defacto-complainant came to know that the land is not Patta land and that is D.K.T. Patta land and thereby he demanded the petitioner/accused for payment of the amount and the petitioner/accused has paid part amount. Therefore, he lodged a report to the police to take appropriate action against the petitioner for cheating him to sell the land where he has no title over the property.

(3.) Now the said complaint was assailed in the present Criminal Petition on the ground that it is a civil dispute arising out of contract when there is breach of contract the remedy is to file Civil Suit for the enforcement of contract and if at all the 2nd respondent/complainant is aggrieved he has to file a civil suit for recovery of the amount and also contends that the complaint filed by the 2nd respondent is not maintainable as the respondent/complainant has not followed the guidelines 'framed by the Hon'ble Apex Court in Priyanka Srivastava and another v. State of Uttar Pradesh,(2015) 6 SCC 287.