G. Chockalingam, J.

For the sake of convenience, the parties are referred to as per their rank in C.C. No. 4274 of 2013.

2. The defacto complainant has filed a Private complaint before the learned II Metropolitan Magistrate, Egmore, Chennai in C.C. No. 4274 of 2013 seeking to initiate against the accused 1 to 4 therein for having allegedly committed the offences punishable under Sections 120-B, 420, 465, 467 and 474 of IPC.

3. According to the defacto complainant, the first accused is the elder brother. According to the defacto complainant, on 16.12.1977, his father entered into an agreement of sale with one James Allen and two others with respect to a property measuring three grounds and 1880 sq.ft in R.S. No. 709/2 at Vepery, Chennai. The sale deed dated 30.01.1979 in the name of Late. Manakchand Jamad and his wife which was registered as document No.97 of 1979 on the file of Sub-Registrar, Periamet. The father of the defacto complainant has also purchased another property land measuring 2 grounds and 692 square feet in R.S. No. 1264/15 vide sale deed dated 25.09.1987 in the name of his wife and the first accused herein, who is the brother of the defacto complainant. According to the defacto complainant, both the above properties have been purchased by the self-acquired funds of his father/Late. Manakchand Jamad. Late. Manakchand Jamad also filed O.S. No. 3023 of 1988 before the learned XII Assistant Judge, City Civil Court, Chennai for evicting the tenant in the above said property and obtained a decree thereof. He also filed E.P.No.783 of 1994 before the learned IX Assistant Judge, City Civil Court, Chennai. Subsequently, Late. Manakchand Jamad purchased another property vide sale deed dated 22.02.1988 vide document No. 1198 of 1988 on the file of SRO, Poonamallee. On 22.04.2001 the said Manackchand died intestate and his wife also died intestate on 11.06.2004.

4. According to the defacto complainant, having trust in the first accused entrusted the management of the joint family properties and also to initiate Civil Cases as against the joint family properties. During, December 2010, the first accused requested the defacto complainant to execute power of attorney in his favour for the purpose of contesting the suit filed by him on their behalf in E.A.No.2324 of 2010 before the City Civil Court, Chennai. The first accused assured the defacto complainant that he has also informed the action initiated by him to the other legal heirs and they have agreed to execute power of attorney in his favour. Accordingly, on 16.12.2010, the defacto complainant executed a power of attorney in favour of the first accused in the presence of his sisters. At that time, the first accused along with his advocate T.Sundaresan has obtained the signatures of the defacto complainant, his four sister in certain documents for executing the power of attorney, leaving the other sisters. Subsequently, when the defacto complainant demanded for a copy of the power of attorney for his perusal, the first accused did not respond properly which created a doubt in the mind of the defacto complainant. On 25.03.2011, when the defacto complainant applied for encumbrance certificate, he was shocked to see the entry of release deed vide document No.2625 of 2010, pertaining the property and immediately he applied for certified copy of the released deed. The defacto complainant came to know that the first accused had conspired with the other accused, cheated him and his sisters. When questioned by the defacto complainant, the first accused regretted for the mistake committed by him and promised to cancel the forged documents on completion of the pending litigation. Subsequently, the defacto complainant requested the first accused as to why he has not any taken steps to cancel the Settlement deeds, the first accused threatened the defacto complainant with dire consequences. At that time, the defacto complainant also came to know that the first and second accused