TaxTMI 
TaxTMI 
2019 (10) TMI 767
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....r.P.C. and quashed the complaint bearing P.C.R. No.12317 of 2013 filed before the IV ACMM, Bangalore, and complaint bearing P.C.R. No.14420 of 2015, filed before the VIII ACMM, Bengaluru, as well as the order dated 27th November, 2015 (wrongly mentioned as 27th July, 2015) passed by the VIII ACMM, Bengaluru, in P.C.R.No.14420 of 2015, directing the Sanjaya Nagara Police Station to investigate the matter. 3. The appellant herein has filed complaint on 29th April, 2013 before the Chief Metropolitan Magistrate, Bangalore, which is registered as P.C.R. No.12317 of 2013 against the accused A1 to A5, namely (1) M/s. Pramila Santhosh Land Developers and Builders Pvt. Ltd., (2) D.T. Santhosh (3) D.C. Thamanna (4) Smt. K.G. Pramila and (5) M/s. S....
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....agreement dated 26th September, 2012, the respondents-accused having failed to perform the contract in terms of agreement, have entered into another MOU on 8th November, 2012, representing that they are in possession of 70 acres of agricultural land and 30 acres of converted land and they promised to transfer such land in favour of the appellant. To the MOU dated 8th November, 2012 M/s. Sri Sai Developers was added as a party. As per the complaint, there is also a Schedule indicating the survey nos. and extent of lands to the second MOU. In the complaint filed on 29th April, 2013 it was alleged that though the respondents have already sold the land covered by Survey Nos.115 and 117 to M/s. Sri Sai Developers on 7th June, 2012, with a dishon....
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....nspiracy of all the accused to avoid performance of the contract entered into by the accused with the appellant and to retain the amount of Rs. 9 crores (Rupees Nine crores) with them illegally. In the second complaint, it was further the case of the appellant that when the cheques, which were given by the accused as security, were presented, it was learnt that the account of which cheques were issued was closed even prior to entering into the agreement dated 26.9.2012. Alleging that there is a fraud, cheating and conspiracy, it is pleaded that the respondents are liable to be prosecuted for the offences under Sections 417, 418, 420, 422 and 120(B) read with Section 34, IPC and the provisions of Prevention of Money Laundering Act. 6. At ....
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....mand drafts and cheques. It is the specific case of the appellant that there are schedules mentioned to the agreements as per which respondents have agreed to procure the land covered by Survey Nos.115 and 117 of Ballur Village apart from other lands. In a petition under Section 482, Cr.P.C. it is fairly well settled that it is not permissible for the High Court to record any findings, wherever there are factual disputes. Merely on the ground that there is no pagination in the Schedule, the High Court has disbelieved such Schedule to the Agreements. It is the specific case of the appellant that the lands covered by Survey Nos.115 and 117 of Ballur Village were sold even prior to the first agreement, as such respondents have committed an act....
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.... also no ground for quashing. Though the contract is of civil nature, if there is an element of cheating and fraud it is always open for a party in a contract, to prosecute the other side for the offences alleged. Equally, mere filing of a suit or complaint filed under Section 138 of the N.I. Act, 1881 by itself is no ground to quash the proceedings. While considering the petition under Section 482 of Cr.P.C., we are of the view that the High Court also committed an error that there is a novation of the contract in view of the subsequent agreement entered into on 08.11.2012. Whether there is novation of contract or not and the effect of such entering into the contract is a matter which is required to be considered only after trial but not a....