ALLAGUSUNDARAM Vs. A L S SANKARANARAYAN

JUDGEMENT

(1.) THE revision petitioner is arrayed as first accused in C.C.No.46 of 2003, on the file of the learned Additional District Munsif cum Judicial Magistrate, Manamadurai, Sivaganga District. THE respondent herein filed a private complaint against the revision petitioner along with three other accused, who are father and sisters of the petitioner, for the alleged offences under Section 120(b), 420 read with 34 of IPC. THE revision petitioner filed an application in M.P.No. 6308 of 2004, before the Trial Court, seeking discharge from the accusation and the said application was dismissed. Being not satisfied with the dismissal order, the petitioner has preferred the Criminal Revision.

(2.) THE case of the complainant in brief is that the suit property belonged to the accused Nos. 1 to 4 and they agreed to sell their property to the complainant for a sum of Rs.21,350/-. On 10.02.2001, the accused Nos. 1 to 4 met the complainant and told him that they were in urgent need of Rs.10,000/- in order to send the first accused abroad. THEy also promised to execute the sale deed after receiving the balance amount of Rs.11,350/-. After receiving the sum of Rs.10,000/-, the first accused has gone abroad. On 17.05.2001, the accused Nos.2 to 4, executed the sale deed in favour of the complainant including the first accused's share in the said property. THE first accused, after returning from abroad, conspired with the other accused in order to demand more money from the complainant and thereafter, filed a suit before the Civil Court in O.S.No. 158 of 2001, claiming partition in the said property. In the suit, he had shown the accused Nos. 2 to 4 as defendants 1 to 3 and the complainant as the fifth defendant.

(3.) THIS Court considered the submissions made on either side and also perused the records.