Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.

ORDER :

The petitioners are before this Court calling in question registration of a crime in Crime No.72 of 2021 for offences punishable under Sections 417 , 420, 467, 468, 471 r/w 34 of the IPC and pending before the Additional Chief Judicial Magistrate, Bengaluru Rural District. Petitioners are accused Nos. 1 and 2.

2. The facts, in brief, adumbrated are as follows:-

The complainant is the owner of a property measuring 2 acres in Sy.No.51 of Hancharahalli Village, Bidarahalli Hobli, Bangalore East Taluk. The complainant enters into two agreements of sale with the petitioners on two different dates. On 01-07-2015 she enters into an agreement of sale for one acre out of two acres in the said survey number for a consideration which was projected at Rs.60,00,000/-. On the date of the agreement the petitioners pay a sum of Rs.35,00,000/-pursuant to which, original title deeds were handed over to the petitioners. On 27-08-2015 comes the second agreement of sale for the remaining one acre again for the same consideration and in the same manner title deeds were handed over to the petitioners. These are the averments in the petition. The complainant did not come forward to execute the sale deed. The agreements of sale remained as agreements of sale. The petitioners caused two legal notices requesting the complainant to come forward and execute the sale deeds in terms of agreements so entered into as observed hereinabove. The complainant did not budge. The petitioners then institute a suit for specific performance of agreements in two separate suits in O.S.Nos. 230 of 2021 and 231 of 2021 before the Senior Civil Judge, Bangalore Rural District, Bengaluru. The concerned Court, on 03-02-2021 grants a temporary injunction directing the complainant not to alienate the suit schedule properties till the next date of hearing. Immediately after receipt of notice from the civil Court, the complainant registers the impugned complaint which becomes a crime in Crime No.72 of 2021. Calling in question registration of crime, the petitioners are before this Court in the subject petition.

3. Heard Smt. Lakshmy Iyengar, learned senior counsel appearing for the petitioners, Sri M.R. Patil, learned High Court Government Pleader appearing for respondent No.1 and Sri M.S. Shyam Sundar, learned senior counsel appearing for respondent No.2.

4. The learned senior counsel Smt. Lakshmy Iyengar appearing for petitioners would vehemently contend that the issue, which is on the face of it civil in nature, is being given a colour of crime, that too when the petitioners approach the civil Court and the civil Court grants injunction against the complainant not to alienate the property. The story is then twined of all the offences that are alleged – cheating and forgery. The learned senior counsel would, therefore, submit that permitting further proceedings would become an abuse of the process of law.

5. Per contra, the learned senior counsel Sri M.S. Shyam Sundar appearing for the complainant would seek to defend the action by contending that the petitioners were doing chit fund business and the complainant had joined in two chit fund schemes and was paying Rs.3,00,000/-towards one chit and Rs.6,00,000/-in respect of the other chit. Agreements were entered into between the parties. In order to cheat the complainant, the petitioners have resorted to forgery and have taken blank cheques from the hands of the complainant and filled in the amount to show that it was the subject matter of agreem