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2019 Supreme(Kar) 751

JOHN MICHAEL CUNHA
C. N. Dilip – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
K.N. Phanindra, Adv., Vijayaku

JUDGMENT :

John Michael Cunha, J.

Heard learned Senior Counsel appearing for petitioner and learned Addl. SPP appearing for respondent No.1. Counsel for respondent No.2 is absent and has not addressed any argument.

2. An agreement was entered into between M/s.Prestige Lake View, Project by Prestige Shelters Private Limited as vendors in favour of Mrs.R.Lakshmi respondent No.2 herein (hereinafter referred to as the "complainant"), on 28.01.2005, whereby the aforesaid vendor namely "M/s.Prestige Lake View, Project by Prestige Shelters Private Limited" agreed to sell one residential plot formed in Prestige Lake View, measuring 1200 sq.ft., of the dimension of 30' x 40', for a total sale consideration of Rs.1,50,000/-. As per the terms of the said agreement, on completion of the scheme, the site was agreed to be registered in favour of respondent No.2. The terms of the said agreement having not been adhered to, the second respondent filed a complaint before respondent No.1 Kalasipalya Police, alleging that, by playing fraud and deception, complainant was made to part huge amounts in installments and the vendors failed to transfer the site to the complainant. Based on this complaint, FIR i

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