Crl. R.P. No. 1927 of 2014. Case: A.S. Patel and Ors. Vs The State of Kerala and Ors.. High Court of Kerala (India)
| Case Number | Crl. R.P. No. 1927 of 2014 |
| Counsel | For Appellant: S. Sreekumar, Sr. Adv., P. Martin Jose, P. Prijith and Thomas P. Kuruvilla, Advs. and For Respondents: V.H. Jasmine, Public Prosecutor |
| Judges | K. Ramakrishnan, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 156(3), 192, 200, 202, 203, 204, 244, 245, 397, 401, 465, 468, 471, 482; Indian Penal Code 1860, (IPC) - Sections 120B, 405, 409, 420, 464, 468, 471; Negotiable Instruments Act, 1881 - Section 138 |
| Judgement Date | April 28, 2015 |
| Court | High Court of Kerala (India) |
Order:
K. Ramakrishnan, J.
1. Accused in C.C. No. 549/2014 on the file of the Judicial First Class Magistrate Court-I, Vaikom, are the revision petitioners herein. The case was taken on file on the basis of a private complaint filed by the second respondent against the petitioners, alleging offences under Section 420, 120B, 468, 471 of the Indian Penal Code.
2. The case of the petitioners in the petition was that, first petitioner is the Chairman of M/s. Patel Real Estate Developers Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at 18, 4th Cross Lane, Kalasipalayam, New Extension, Bangalore-560 002 and second petitioner is the director and third petitioner is the employee of the company. The company and its sister concerns namely M/s. Natasha Constructions Private Limited, M/s. Natasha Homes Private Limited, Ms. Patel Holding Private Limited, M/s. Vaikom Builders and Properties Private Limited, M/s. Brahmamangalam Builders and Properties Private Limited and M/s. Poothotta Builders and Properties Private Limited were looking out a large extent of land for development in Chembu Village, Vaikom Taluk with water frontage. Second respondent who was engaged in real estate business informed Shri. K.K. Kuttappan, the authorised representative of the company that 51.34 acres of compact plot was available in Chembu village with water frontage belonging to 43 land owners. In pursuance of which memorandum of understanding was executed on 17.12.2007 between K.K. Kuttappan, representative of the company and its sister concern and second the respondent. Second respondent undertook to procure and register 51.34 acres of land from the land owners at the rate of ` 44,000/- per cent. The company paid ` 50,00,000/- to the second respondent and it was agreed to pay ` 50,00,000/- to the second respondent on 31.12.2007 and another sum of ` 50,00,000/- on 05.01.2008. Second respondent on receipt of ` 1,50,00,000/- agreed to hand over copies of title deeds, Village survey map, digital survey map and other documents in respect of the said 51.34 acres within ten days thereafter.
3. It is further agreed that, on receipt of ` 1,50,00,000/-, the second respondent shall execute an agreement for sale of 18 acres of land with second respondent and third party agreement in respect of 33.34 acres of land. It was further agreed that, on payment of ` 200 lakhs on 31.01.2008, sale deed in respect of five acres of land with water frontage and road access will be executed. The company agreed to pay the entire balance sale consideration of ` 19.16 crores in six monthly installments commencing from 09.03.2008. Pursuance to the memorandum of understanding, the company had paid a total sum of ` 21,09,65,396/- to the second respondent. He had procured and got registered sale deeds in respect of 36.36.48 acres of land in favour of the company or its sister concern. The second respondent utilized ` 16,00,05,120/- for getting assignment of 36.36.48 acres of land at the rate of ` 44,000/- per cent and the balance amount of ` 5,09,60,804/- was with him. According to him, he had paid ` 3,78,00,000/- for the advance for the purchase of the balance land. So another agreement was executed on 29.05.2009 between the company and its sister concern with the second respondent, in which second respondent had admitted the receipt of ` 21,09,65,396/- and execution of sale deeds in respect of 36.36.48 acres of land for a sum of ` 16,00,05,120/- and balance amount of ` 5,09,60,804/- with him. It was further agreed that, for getting the remaining 20 acres of land, the amount will have to be paid at the rate of ` 59,000/- per cent by 31.12.2009 and the balance amount with the second respondent will be utilized for that purpose. The company had agreed to pay 56.82% of the consideration to be paid for each party and the balance amount will be adjusted from the amount paid as advance to the land owners. For purchase of balance 20 acres of land, company had transferred periodical payments amounting to ` 8,51,23,096/, thus paid a total amount of ` 29,60,88,492/- and the second respondent procured and registered 17.06 acres of land and thus the total extent procured and transferred was 53.42 acres (36.36.48-1705.044 cents), worth ` 26,06,37,677/- and balance amount of ` 3,54,50,825/- was with him. Second respondent made the company to believe that, he had paid the balance amount as advance to the prospective purchasers for purchase of the land and handed over photocopies of various agreements for the sale. Later it was revealed that, all the agreements were written in one and same stamp paper and thereby he had cheated the company by forging agreements for sale and so the company demanded the amount of ` 3,54,50,825/- and he had issued three cheques namely cheque No. 750730 dated 10.03.2011 for ` 80,00,000/- drawn on ING Vysya Bank, Main branch, Ernakulan; Cheque No. 750735 dated 15.04.2011 for ` 1,25,00,000/- drawn on ING Vysya Bank, Main Branch, Ernakulam and cheque No. 290195 dated 18.04.2011 for ` 43,00,000/- drawn on State Bank of Travancore, Vyttila Branch and all the cheques when presented were dishonoured and complaint was filed under Section 138 of the Negotiable Instruments Act and that is pending as C.C. No. 4947/2011 before the Judicial First Class Magistrate Court, Ernakulam. The company also filed suit as O.S. No. 452/2012 before the Sub Court, Kottayam for realization of the amount covered by the cheques. Second respondent filed a complaint before the police alleging that petitioner had entered into an agreement with second respondent for procurement and registration of 51.314 acres of land at the rate of ` 44,000/- per cent and if there is enhancement of land value, second respondent had to be paid at the rate of ` 75,000/- per cent and got a memorandum of undertaking executed on 17.12.2007 and the second respondent procured and registered sale deeds in respect of 53.23.08 cents of lands and they have agreed to execute the sale deed at the rate of ` 75,000/- per cent and for the purpose of preparing agreement to that effect, obtained signatures in stamp paper worth ` 50/- and white papers and converted the same into documents showing that entire amount due for second respondent was paid. According to him, only an amount of ` 15,44,33,567/- alone was paid, but an amount of `...
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