Andhra Pradesh High Court - Amravati
Thummalapalli Srikrishna Sravan vs Saladi Adi Veera Venkata ... on 21 January, 2020
Author: T. Rajani
Bench: T. Rajani
SMT JUSTICE T. RAJANI
CRIMINAL PETITION No.6176 OF 2019
ORDER:
This petition is filed under Section 482 Cr.P.C., seeking to quash the proceedings against the petitioners, who are A.1 to A.3, in C.C. No.384 of 2019 on the file of the Court of Additional Judicial Magistrate of First Class, Narsapur, West Godavari District. The offences alleged are under Sections 418, 423, 120B and 511 IPC.
2. Heard the counsel for the petitioners, the counsel for the first respondent-complainant and the Public Prosecutor appearing for the third respondent.
3. The facts of the case, briefly, are that the first petitioner- A.1 entered into an agreement of sale with first respondent for sale of 3½ square yards of vacant site abutting his house. Later on, the first petitioner sold the said site to his sister, violating the agreement entered into with the first respondent. The complaint is filed with allegations pertaining to Sections 418 and 423 IPC. Section 418 IPC runs as follows:
418. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.--
Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect. At any stretch of interpretation, sale in respect of another person comprising same property, which is sold earlier, does not amount to the offence under Section 418 IPC. Cheating is an essential ingredient of Section 418 IPC. No case of cheating is made out in this case.
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4. The counsel for the petitioner submits that the de facto complainant did not come forward to perform his part of contract and notices were also issued. Since he did not come forward, he proceeded to sell the property to his sister. But, however, by virtue of the cancellation deed dated 09.8.2018, the sale in favour of his sister was also cancelled. So far as the offence under Section 423 IPC is concerned, it runs as follows:
423. Dishonest or fraudulent execution of deed of transfer containing false statement of consideration.-- Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate.
There is absolutely no act that can be alleged to be falling within the definition of Section 423 IPC. The sale in favour of the sister of the petitioner does not amount to the offence under Section 423 IPC. Hence, seen from any angle, the allegations made against the petitioner would not attract the offences alleged.
5. Hence, this Court is of considered opinion that continuation of the proceedings against the petitioner is nothing but abuse of process of law.
6. Accordingly, the criminal petition is allowed, quashing the proceedings against the petitioner, who is A.54, in C.C. No.223 of 2006 on the file of the Court of II Additional Judicial Magistrate of First Class, Eluru, West Godavari District. As a sequel, the miscellaneous applications pending, if any, shall stand closed.
______________ T. RAJANI, J January 21, 2020 / YS