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C.T.SELVAM
Parameswara Iyer – Appellant
Versus
N. Sankar – Respondent


Advocates:
Counsel for the Parties :
For the Petitioner:A. Raghunathan, Advocate.
For the Respondent:K. Ramesh, Advocate. Amicus Curaie.

JUDGMENT

C.T. Selvam, J.—This petition seeks to quash proceedings in C.C. No.7476 of 2004 on the file of the XI Metropolitan Magistrate, Saidapet, Chennai.

2. The case is one wherein the petitioner herein is alleged to have committed offences under Sections 409, 420, 467, 468, 471 r/w. 468 I.P.C.

3. A reading of the complaint shows that the complainant/respondent as the owner of land measuring an extent of 7 grounds and 1300 sq.ft. at Neelangarai Village, had constituted the petitioner herein as his Power of Attorney with the intent of disposing of the property. Since the petitioner had led the complainant to believe that the property could be disposed of for a fancy price, the complainant has entrusted the title deeds of the property with the petitioner herein. The petitioner had not acted in keeping with the understanding and according to the complainant, the petitioner had neglected prospective buyers only to usurp the property of value of Rs.70 lakhs. Annoyed by the conduct of the petitioner, the complainant had cancelled the Power of Attorney earlier executed by him in favour of the petitioner.

4. The complaint further alleges that despite repeated demands, the petitioner had

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