Respondent herein has filed a private complaint against petitioner-accused under Section 200 Cr.P.C. before Principal Civil Judge & JMFC, Magadi alleging thereunder that accused is a resident of New Delhi and was owning agricultural lands bearing Sy.Nos.123, 125, 129, 131, 150, 151, 155 and 157/2 of Gangenahalli village, Thavarekere Hobli, Bangalore South Taluk, in all measuring 37 acres having purchased the same from the erstwhile owner Sri Lalchand Memorial Charitable Trust under a registered sale deed dated 07.10.1972. It was further alleged that accused who was an Officer of Indian Administrative Services was residing at places far away from Bengaluru and he was unable to manage the properties and as such, he had executed a General Power of Attorney in favour of the complainant on 05.09.2007. It is further alleged that since accused was unable to look after said properties, he agreed to sell the same to complainant for a total consideration of Rs.58,80,000/and an agreement of sale came to be executed by accused in respect of entire extent of 37 acres on 11.07.2007 and pursuant to same revenue entries were changed to name of the complainant in so far as Sy.Nos.129 & 131 totally measuring 9 acre 32 guntas. It is also alleged by the complainant that accused had executed a registered sale deed dated 10.09.2007 in favour of complainant in respect of 9.32 acres and insofar as remaining extent measuring 27 acres 5 guntas, title deeds could not be executed in favour of complainant on account of there being discrepancy in the entries relating to the revenue records and as such, accused had executed a registered General Power of Attorney in favour of the complainant individually in respect of remaining survey numbers and said power of attorney came to be registered before Sub Registrar, Chandigarh on 05.09.2007. Complainant has further alleged that supplemental agreement also came to be executed and affidavit confirming said transaction was also executed by the accused confirming the agreements executed earlier and also supplemental agreement by receiving full sale consideration and also executing seven (7) Power of Attorneys in favour of complainant which were duly registered in Sub-Registrar’s office.

2. Complainant has further alleged that when there was a dispute relating to Sy.Nos.123 & 125 on account of claim made by one Sri Channegowda who claimed to have filed Form No. 7A and as such, complainant was forced to file an appeal before Karnataka Appellate Tribunal and on contest, order of Land Tribunal dated 14.05.2003 came to be set aside in Revenue Appeal No.1085/2007. It was also alleged that Sri Manjunath s/o Sri Channegowda had obtained an order from revenue authorities in respect of Sy.No.123 measuring 3 acres 5 guntas by getting revenue records mutated to his name and challenging the same, appeal has been filed before Assistant Commissioner and said order came to be set aside.

Complainant has also alleged that suits filed by accused in O.S.No.14/2009 and O.S.No.264/2010 were compromised through complainant as his Power of Attorney holder and in fact Power of Attorney had to give up his right to an extent of 1.20 acres in Sy.No.123 by virtue of compromise decree passed by Civil Court in said suits. He has also alleged that there were civil litigations pending relating to different Sy.Nos. which complainant had got settled on account of his intervention.

3. It is the prime contention of the complainant before the jurisdictional Magistrate that when this was the state of affairs accused was watching all these deliberations which have unfolded and in spite of there being an agreement being executed in favour of the complainant, he had sold 4 acres 20 guntas in Sy.No.151 to one Sri Harpreeth Singh Dhesi, who was also well aware of the agreements executed in favour of complainant and also General Power of Attorneys executed in favour of complainant’s sons and said Harpreeth Singh Deshi is also a witness to the General Power