SANJAY RAJU Vs. S PUTTASWAMY

JUDGEMENT

(1.) Heard Shri K. Sanath Kumar Shetty, learned advocate for the petitioner, Shri G. Raghavendra, learned advocate for respondent No.1 and Shri Nasrulla Khan, learned HCGP for the State.

(2.) One Smt. M.V.Lalitha and eight others, the owners of a property, entered into a Joint Development Agreement with M/s. New Bridge Projects (P) Ltd. ('Company' for short) for development and construction of houses. They also gave a General Power Attorney to the said Company to manage the property. The Company developed the land and formed a layout exercising the powers given under the General Power of Attorney. The Company executed an Agreement to Sell on 31.04.2012, in favour of one Dr.Ramesh Jevoor, agreeing to sell Site No.81 at Rs.14,40,000/ and received a sum of Rs.5,00,000.00 as advance sale consideration. The balance amount of Rs.9,40,000.00 was agreed to be paid within 45 days from the date of Agreement.

(3.) Shri Sanath Kumar Shetty, learned advocate for the petitioner submits that since Dr. Ramesh Jevoor, did not pay the balance amount in time, the Company entered into another Agreement with one Channakeshava on 19.06.2012. Dr. Jevoor through his power agent S.Puttaswamy respondent No.1 herein, got registered FIR No.2/2013 on 02.01.2013 in Krishnaraja Police Station, Mysuru City alleging commission of offences punishable under Sections 406 & 420 read with 34 of IPC. It is submitted that parties have entered into a valid agreement to transact an immovable property and the aggrieved party is entitled to seek redressal of grievance in a Civil Court. Therefore, the instant complaint amounts to abuse of process of law.