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Judgment
One David had entered into an agreement with one Rajan, who is the title holder of the property in question, for the sale of the property on
completion of ten years from the date of assignment. The de facto complainant has entered into Annexure-D agreement for sale with the said
David, who is the petitioner herein, for the sale of the property after obtaining the sale deed executed by Rajan in favour of the petitioner.
The allegation is that the petitioner has not cared to execute the sale deed. The final report has been filed and the matter is presently pending as
CC.699/2015 before the Judicial First Class Magistrate''s Court, Alathur for the offence under Section 420 IPC. This Court is satisfied that an
offence under Section 420 IPC is not legally sustainable in this case. According to the petitioner, he has not so far obtained the sale deed from
Rajan, since Rajan has not cared to execute the sale deed in favour of the petitioner. At the most, the matter is one of breach of contract. The
course open to the de facto complainant is to approach the civil court with a suit for specific performance. Apart from that, the offence under
Section 420 IPC is not legally sustainable. Matters being so, all further proceedings as against the petitioner in CC.699/2015 before the Judicial
First Class Magistrate''s Court, Alathur, can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings as against the petitioner in CC.699/2015 before the Judicial First Class
Magistrate''s Court, Alathur, are quashed.