D.BALAMANI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The 2nd respondent filed private complaint which was referred to the police for the purpose of investigation. The said complaint was received by the police on 2/1/2016 and it was registered for the offences under Ss. 406, 415, 418, 420 r/w 120-b of IPC.

(2.) The case of the 2nd respondent/Lw1 is that A2 is professional caterer since 1997 and he got acquaintance with the defacto complainant and through him he got introduced to A1. Through A1, he came to know that A1's husband intended to sell open plot situated at Yellareddyguda, bearing plot Nos.30 and 31 admeasuring 542 sq.yds. According to L.W.1, he obtained encumbrance certificate and entered into an agreement of sale for the above said property for a consideration of Rs.1,22,000.00. He paid an amount of Rs.10,000.00 in cash and Rs.25,000.00 by cheque. Later, he also paid balance sale consideration on different dates and obtained receipts. A1 and A2 never came to register the sale deed. He came to know that family of A2 left for their native place. Later A1's husband personally requested him that he will pay the sale amount already taken but they have not done so in spite of lapse of six years. They have also not executed registered sale deed in his favour. When he gave complaint to Neredmet police, the husband of accused No.1 promised to get the sale deed registered by A1, but it was registered on the name of A4, in spite of knowing earlier transaction with complainant. A suit was also pending between them and he filed complaint against A1 to A4. Police examined L.W.1 and filed final report as lack of evidence.

(3.) Having received notice from the police that the case is closed as lack of evidence, 2nd respondent filed protest petition which was taken up for consideration by the learned Magistrate. During the course of enquiry, the 2nd respondent marked Exs.P1 to P32 and also deposed on the facts of the case. Learned Magistrate having recorded the statement, by order dtd. 25/11/2017, directed that summons be issued to these petitioners and two others.