Criminal proceedings cannot be quashed solely because they have a color of being civil in nature, and the evidence produced by the accused in their defense cannot be considered at the initial stage of the criminal proceedings.

JUDGMENT

Maheshan Nagaprasanna, J. - The petitioner is before this Court calling in question the proceedings in Criminal Case No. 85 of 2018 pending before the III Additional Civil Judge and JMFC, Mysore and has also sought for quashing of entire proceedings right from registration of FIR in Crime No. 46 of 2013.

2. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:

The petitioner claims to be a licensed professional Class-I horse trainer since 1991. The avocation of the petitioner is to train horses and run them at races conducted at various places like Mumbai, Chennai, Ooty and Kolkata. It is contended that the petitioner got acquainted with the complainant-one late Edwin Joubert Van Ingen-a Taxidermist by profession and a member of the Mysore Race Club where he used to meet the complainant quite often. The complainant was a founder member of the said race club. Trophies were distributed in the name of the complainant. It is that amount of popularity the complainant had in the race circle at Mysore.

3. On one occasion, during the month of November/December 2004 the complainant appears to have called the petitioner and informed him that he possesses two immovable properties at Mysuru-one, a factory and the other, a residential house and also a coffee estate in Wayanad District, Kerala State, and with his old age, he is not in a position to maintain both the properties and desired to dispose them off. The petitioner was informed that he was willing to sell all the three properties, if he would get an appropriate price for the said properties. In furtherance of the desire to sell all the properties, the complainant handed over all the documents of his factory and requested the petitioner to find a purchaser, who is willing to pay him an amount of Rs. 3/- crores by way of bank transaction and any other higher value in cash.

4. The petitioner claims to have contacted a builder and developer by name Sri K.V. Prasad who showed keen interest in the property after inspecting the same and met the complainant along with the petitioner and agreed to purchase the factory for a consideration of Rs. 3/- crores. It is further contended that the intended purchaser was directed to deposit the amount in an escrow account in which the entire transaction of the complainant was to be routed through. A sale deed was also registered on 10.10.2005 in favour of Sri K.V. Prasad. It is the claim of the petitioner that he was instrumental in getting the sale done by procuring all the documents and all other things for the same.

5. After execution of the sale deed, the complainant asked the petitioner to find a similar purchaser to sell the house property which according to the petitioner was for a consideration of Rs. 75/- lakhs. The petitioner found the offer so attractive and informed the complainant that he possesses some landed properties below Nandi Hills and he would sell them and arrange for payment of Rs. 75/- lakhs and purchase the property for himself. The petitioner claims to have sold the property at Nandi Hills and paid the entire amount of Rs. 75/- lakhs in one stroke and purchased the said house. The purchase was again through a sale deed dated 14.11.2005.

6. It is further contended that since the complainant continued to stay at the out-house of the said property, the petitioner displayed all the animal trophies that the complainant had in his possession being a taxidermist in other portion of the property apart from residing in one portion of the said property. The reminder of the property was the Wayanad Coffee Estate which the complainant was intending to sell.

7. During the month of January of 2005, it transpires that the complainant had informed the petitioner that he had executed an agreement to sell Wayanad Coffee Estate in favour one Dr. Mohammed Bashir and the said agreement would come to an end on 31.01.2005 and if the purchaser would not come forward to get the property register