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2001 Supreme(Kar) 104

K.R.PRASADA RAO
SHARADA PROPERTIES, BANGALORE – Appellant
Versus
NIRMAL KUMAR MISRA – Respondent


Advocates:
C.H.JADHAV, M.BABU MUTHU MIRAN

K. R. PRASADA RAO, J.

( 1 ) THIS petition is filed under Section 482 of the Code of Criminal Procedure by the petitioners who are the accused in C. C. No. 8478 of 1999 on the file of the Court of IV Additional Chief Metropolitan Magistrate, bangalore City seeking for quashing the above proceedings pending against them for the offences punishable under Sections 406 and 420 of the Indian Penal Code by the impugned order dated 14-7-1999 passed by the learned Magistrate.

( 2 ) THE respondents herein filed a complaint in the Trial Court against the petitioners for the offences under Sections 406 and 420 of the Indian Penal Code alleging that they have entered into an agree ment dated 13-5-1997 with the respondents according to the terms of which the first petitioner undertook to procure 1/11th undivided share in the site bearing No. 15, Khata No. 497/2 situated in Gurukamathanapalya, k. R. Puram, Bangalore for a consideration of Rs. 87,000. 00. The respondents granted the right to construct a residential flat either directly or through a contractor in favour of the petitioner under the said agreement. Respondents also engaged the first petitioner to build the flat and the first petitione



































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