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2017 Supreme(Mad) 4028

P.N.PRAKASH
R. Sarangapani – Appellant
Versus
R. S. Nammalwar – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Chithiraputhiran.

ORDER :

1. For the sake of convenience, the parties may be referred to as the complainant and the accused.

2. The case of the complainant is that the land measuring 5½ grounds in S. Nos. 78/1, 78/3 in T.S. No. 105, Block No. 16 Ward No. 119, Kotturpuram, Chennai-85 belonged to one R. Ranganathan (since deceased), Smt. Sulochana Ranganathan, S.L. Narayanamurthy and R.S. Nammalwar (accused herein). The said four persons agreed to sell the land to the complainant at the rate of Rs. 53,00,000/- per ground.

3. It is also the case of the complainant that he had given an advance of Rs. 1,02,00,000/- to the said persons, but, after having received the huge advance amount, they were not coming forward to execute the sale deed nor did they return the advance amount paid. Therefore, the complaint lodged a police complaint, based on which, a case in Cr. No. 734 of 2008 for offence punishable under Sec. 420 r/w 34 IPC was registered on 19.09.2008 by the Central Crime Branch, Madras.

4. During pendency of investigation, all the four persons entered into a compromise agreement with the complainant on 16.10.2008 agreeing to return Rs. 2,10,00,000/- as compensation, which includes the advance amount of



















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