ARJUN SINGH Vs. E NAGARAJAN AND ANOTHER

JUDGEMENT

(1.) IN this revisional application under section 482 of the Criminal Procedure Code the petitioner has prayed for quashing of the proceeding before court of the Judicial Magistrate First Class -II, Port Blair in relation to CR case No. 26 of 2014, TR No. 241 of 2014 filed by the respondent No.1 complaint against him. The question that falls for consideration before this court in this application is whether the breach of an agreement of tenancy constitutes an offence of cheating punishable under section 420 of the Indian Penal Code 1860 (in short the Penal Code).

(2.) THE petitioner is the owner of the building bearing survey No.1084/1 in ward No.7, Junglighat, Port Blair. The respondent No.1, being the complainant, claims to be the tenant in respect of portion of the said property comprising one shop room. Since the petitioner intended to demolish the single storied wooden structure of the said building and to construct a new RCC building, the respondent No.1 agreed to vacate his tenanted shop room and to hand over the possession of the same to the petitioner. An agreement dated August 21, 2009 was entered into by and between the petitioner and the respondent No.1. According to the respondent No.1 in terms of the said agreement dated August 21, 2009 he vacated the shop room in the wooden structure of the old building and shifted his business in the temporary shelter provided by the petitioner and paid a sum of Rs. 2,50,000/ - to the petitioner as advance payment for obtaining tenancy of the new shop room in the proposed RCC building. It is the case of the respondent No.1 that the petitioner has violated the said agreement dated August 21, 2009 by not handing over possession of the shop room in the new RCC building to him. By a letter dated May 23, 2011 the respondent no.1 through his advocate informed the petitioner that in spite of receipt of advance money of Rs. 2,50,000/ - towards the shop room in RCC building, he has violated the said tenancy agreement dated August 21, 2009. By the said letter the respondent no.1 called upon the petitioner to hand over the key of the shop room in the new RCC building to him as per the said tenancy agreement dated August 21, 2009. In spite of receipt of the said notice dated May 23, 2011 the petitioner did not hand over the possession of the shop room in the said RCC building to the respondent no.1 and denied receipt of any advance payment from the respondent no.1.

(3.) THUS , the respondent no.1 has filed a civil suit before the Court of Civil Judge Junior Division, South Andaman District against the petitioner calming, inter alia, a decree directing the petitioner to reinduct him as tenant in the suit property and decree for compensation for the loss sustain by him. In the written statement filed in the said suit the petitioner, being the defendant denied to have received any advance payment from the respondent no.1 and also made a counter claim for a decree for eviction of the respondent no.1.