Mohan M. Shantanagoudar, J. - (1.) Leave granted.
(2.) The judgment dated 101.2016 passed by the High Court of Judicature at Madras in Crl.R.C. No. 1181 of 2015 and M.P. No. 01 of 2015 is called in question in these appeals. By the impugned judgment, the High Court has discharged Smt. S. Selvi-accused no.2 (respondent no.1 herein) from CC No. 229 of 2013 for the offence punishable under section 506(i) of the Indian Penal Code.
(3.) Respondent no.2 herein/defacto complainant lodged a complaint alleging that he entered into an agreement for sale in connection with purchase of property situated in survey no. 171/2A, Thalambur village, Chengalpet Taluk, Kancheepuram District, Chennai to the extent of 2.94 acres for a total sale consideration of Rs. 5,14,50,000/- belonging to Smt. S.Selvi on 5.7.2007, with her power of attorney Mr. Jothimani-accused no.1 who is the son-in-law of Smt. S.Selvi. The defacto complainant is stated to have paid a sum of Rs. 2,00,00,000/- by way of cheque dated 05.07.2007 towards advance; Rs. 1,00,00,000/- by way of cheque on 21.07.2007 and Rs. 50,00,000/- on 06.08.2007. The balance of sale consideration, though were allegedly tried to be paid by the defacto complainant repeatedly, both the accused refused to receive the same and to carry out the terms of the agreement. During the year 2011, accused no.1 issued three cheques for repaying the amount received from the defacto complainant and all of them were returned `unpaid' by the bank. Hence for the purposes of recovery of amount, the defacto complainant visited the house of respondent no.1 on 20.09.2011 and at that time he was threatened with dire consequences, beaten and pushed out of the house of accused/respondent no.1 by her and accused no.1. A complaint came to be lodged on 21.09.2011 before the Commissioner of Police, Egmore, Chennai. Since no action was taken by the Commissioner of Police, the defacto complainant preferred Criminal O.P.No. 17945/2012 before the High Court of Judicature at Madras under Section 482 of the Code of Criminal Procedure. On being directed by the High Court vide its order dated 07.09.2012, the complaint came to be registered by Central Crime Branch, Team-III, Chennai as C.C.B. Crime No. 484 of 2012 on 18.09.2012. The police after investigation laid a final report before the Judicial Magistrate, Ist Class, Poonamallee on 01.10.2013, which came to be registered as CC No. 229/201;