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2019 Supreme(Kar) 2294

B.A.PATIL
S. Balamurugan – Appellant
Versus
C. Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. R. Nagendra Naik, Sri. Santhosh.
For the Respondent: Sri. Yathish J. Nadiga.

JUDGMENT :

B.A. PATIL, J.

1. The present appeal has been preferred by the appellant/complainant challenging the judgment of acquittal passed by the Court of XIII Additional Chief Metropolitan Magistrate, Bengaluru in C.C. No. 17653/2017 dated 14.02.2019.

2. I have heard the learned counsel for the appellant and the learned counsel for the respondent.

3. Though this case is listed for admission, with the consent of learned counsel appearing for both the parties, the same is taken up for final disposal.

4. The case of the complainant in brief is that during the month of May-2016 for business activities, accused approached and offered to sell the property bearing No.74G/8/465 formed in Sy. No.46/2 situated at Vajarahalli, Kasaba Hobli, Nelamangala Taluk. The complainant agreed to purchase for a total consideration of Rs. 10,00,000/- and an agreement was also entered into in this behalf. Immediately, complainant arranged an amount of Rs.8,00,000/- and he has paid another sums of Rs.4,25,000/-, Rs.2,00,000/-, Rs. 1,75,000/- respectively. Accused failed to perform and execute the sale deed and requested the complainant not to go for litigation. Finally, the settlement has been arrived and he

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