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2019 Supreme(Kar) 1696

JOHN MICHAEL CUNHA
Mohammed Shabbir, M/s Gold Enterprises and Property Developers – Appellant
Versus
Mohammed Azar Rafiq S/o M. R. Mohammed Rafiq Sait – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Vishwanath R. Hegde.
For the Respondent: Sri. S.V. Giridhar.

ORDER :

1. These three Criminal Petition Nos. 3944, 3945 and 3946 of 2016 are directed against the impugned order dated 18.01.2016 in Crl. A. No. 992/2015, Crl. A. No. 993/2015 and Crl. A. No. 994/2015 respectively passed by learned LVI Addl. City Civil & Sessions Judge, Bengaluru City. Since common questions of law and facts are involved in the matters, all these petitions are disposed of by this common order.

2. The essential facts necessary for disposal of these petitions are as follows:-

    (i) Petitioner (herein referred to as ‘accused’) as power-of-attorney of M/s. Anushka Investments, a partnership firm, having its office at J.C. Road, Bangalore and also representing himself as the Managing Partner of M/s. Gold Enterprises and Property Developers, executed an agreement of sale dated 2.1.2018 in favour of respondent herein/complainant. As per the said agreement, the petitioner agreed to sell 6.76% of undivided share, right, title and interest in the land bearing Municipal Corporation No. 17/1, situated in Millers Road, Bangalore-560046 for a sale consideration of Rs. 33,75,000/-.

(ii) Apart from the said agreement of sale, he also entered into another agreement for construction date

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