HON’BLE SRI JUSTICE K.G.SHANKAR CRIMINAL PETITION No. 3851 of 2008 O R D E R: The petitioner is the accused for the offence punishable u/Sec.420 IPC. The 2nd respondent alleged that the petitioner entered into an agreement on 4.12.2006 agreeing to sell the property of the petitioners. Claiming that the petitioner has cheated her, she laid the complaint. 2. Learned counsel for the petitioner contended that the petitioner is the owner of the property. As can be seen from the sale deed dt. 9.4.2007, the sale deed would appear to be an unregistered sale deed. 3. Learned counsel for the petitioner also drew my attention to the agreement of sale dt. 20.11.2006 which preceded the sale deed. The sale deed in favour of the petitioner itself is not a registered sale deed. However, I do not consider it appropriate to go into the niceties of validity of the unregistered sale deed and the like in quash proceedings. 4. The only consideration is whether a case would have been made out against the petitioner had there been no evidence from the petitioner’s side. 5. I am afraid that the complaint established prima-facie case against the petitioner in the sense, if there is no evidence contradicting the case of the 2nd respondent, the case would have been established against the petitioner. That being so, the petitioner cannot seek for the quashing of the proceedings. 6. The criminal petition therefore, is dismissed. The petitioner may fight out his rights on merits before the trial court. _________________________ JUSTICE K.G.SHANKAR Mjl/*