THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9067 of 2011 ORDER: This Criminal Petition is preferred by the petitioner challenging the filing of the charge sheet against him in C.C.No.80 of 2010 on the file of II Additional Judicial First Class Magistrate, Kadapa, for the offences punishable under Sections 420 and 423 IPC. The brief facts of the case are as follows: The petitioner herein availed hand loan of Rs.50,000/- from the de facto complainant. Subsequently, the petitioner informed the de facto complainant about his inability to repay the money and also his willingness to sell his site in Sy.No.400/2 situated at Chinnachowk village for an amount of Rs.7,00,000/-. Believing the same, the de facto complainant expressed his willingness to purchase the said site and accordingly paid an amount of Rs.7,00,000/- to the petitioner on 22.02.2006. Thereafter, the petitioner evaded registration of his land in favour of the de facto complainant. In this connection, the de facto complainant lodged the present complaint against the petitioner. Learned counsel for the petitioner submitted that the petitioner is not having any intention of cheating the de facto complainant and there is no communication between the petitioner and the de facto complainant regarding the alleged sale of land transaction. He further submitted that the petitioner has not received an amount of Rs.7,00,000/- as alleged by the de facto complainant. On perusal of the record, it is evident that the petitioner received a sum of Rs.7,00,000/- from the de facto complainant, in respect of which the de facto complainant issued a legal notice to the petitioner, and on the basis of the said legal notice, the petitioner sent a reply notice through his advocate stating that he will register the site in favour of the de facto complainant on 12.11.2009. Subsequently, as informed by the petitioner, the de facto complainant went to the Registrar’s office on 12.11.2009, but the petitioner has not turned up to the Registrar’s office. Thereafter, suspecting the act of the petitioner, the de facto complainant submitted an application to the Joint Sub- Registrar of Kadapa, who is examined as LW.4, to know whether the site which the petitioner agreed to sell in his favour is fit for registration or not. Thereupon, LW.4 issued an endorsement to the de facto complainant informing him that the subject site is proposed to be acquired under the Land Acquisition Act and it is not fit for registration as per the Registration Act. Thus, these facts clearly indicate that the petitioner, having knowledge that his site is not fit for registration in favour of the de facto complainant, induced the de facto complainant to part with an amount of Rs.7,00,000/- only with an intention to cheat him and thereby committed offences punishable under Sections 420 and 423 IPC. Hence, this Court is not inclined to interfere with the investigation at this stage. Accordingly, the Criminal Petition is dismissed. ____________________ JUSTICE RAJA ELANGO 27.09.2011 v v