The main legal point established is that the documents furnished by the petitioner, including the decree from the civil court, were of sterling quality and played a crucial role in quashing the charge sheet.

JUDGMENT

(Prayer: Criminal Original Petition has been filed under Section 482 of Cr.P.C, praying to call for the records and quash the charge sheet against the Petitioner in the case in C.C.No.170 of 2020 pending on the file of the learned Judicial Magistrate No.I, Kancheepuram.)

1. This Petition has been filed to quash the case in C.C.No.170 of 2020 pending on the file of the learned Judicial Magistrate No.I, Kancheepuram.

2. Mr.P.Nagarajan, learned Counsel for the Petitioner submitted his arguments. As per his submissions, the Petitioner sold the property for which the Civil Court has already granted a decree in favour of the Wife of the Petitioner. The husband of the Defendant/Defacto Complainant viz., Vimalsingh had executed a Power of Attorney regarding the land in Survey No.22/5 at Thiruvancheery Village, Mappedu Madhura, Tambaram Taluk, Kancheepuram District to an extent of 18 cents which was purchased by him from one Mr.Balamurugan, a Power Agent of one Lakshmipathi Naidu in the year 1993 through a registered sale deed vide document bearing D.No. 2694/1993 dated 07.07.1993. The husband of the defacto Complainant Vimalsingh executed a general Power of Attorney in favour of one Ravi S/o. Elumalai and the same was cancelled on 02.11.2007. After cancellation of the Power of Attorney, the husband of the defacto Complainant viz., Vimal Singh executed Power of Attorney in favour of the Petitioner herein through registered document No.6171/2007 dated 06.11.2007 which was subsequently cancelled on 04.07.2012. The Petitioner sold the property to one Manivannan by way of Registered Sale deed vide Document No.4250/2012 dated 04.07.2012. In turn Manivannan entered into a Power of Attorney with M.M. Builders through a Document No.916/2013. They constructed flats and sold to third parties.

2.1. The husband of the defacto Complainant viz., Vimal Singh cancelled the Power of Attorney executed infavour of the Petitioner on 28.06.2013 through Registered document No.4951/2013 and settled the property in favour of his Wife through a Registered Settlement Deed dated 10.07.2013 vide document No.511/2013.

2.2. It is the contention of the Vimal Singh that the Petitioner had not paid the sale amount to the Vimal Singh, husband of the Defacto Complainant. Therefore, it is alleged by him that he had cancelled the Power of Attorney in favour of the Petitioner. The defacto Complainant who is the Wife of Vimalsingh had lodged a Complaint against the Petitioner. Based on the Complaint, the Respondent Police had registered the case in Cr.No.57 of 2014. After completion of the investigation, he laid the final report in the Court of the learned Judicial Magistrate – I, Alandur and the same was transferred to the file of the learned Judicial Magistrate – I, Kanchipuram and numbered as C.C.No.170 of 2020.

2.3. The submission of the learned Counsel for the Petitioner that the said Vimalsingh approached the Petitioner stating that he owned the land in Survey No.22/5, ad-measuring 18 cents at Thiruvanchery Village, Mappedu Madhura, Tambaram Taluk, Kancheepuram District and wanted to sell the same. When the sale negotiations was held between them, the sale price was fixed at Rs.15,69,000/-. At the time of sale negotiations, Vimalsingh/husband of the defacto Complainant informed the Petitioner that he misplaced the original title deed pertaining to the above said property and also informed that the property is free from all encumbrances. Believing the statement of the Vimalsingh, the Petitioner paid a sum of Rs.5,00,000/- as advance on 30.10.2007. Then, the Petitioner visited the property and on enquiry, he came to know that Vimalsingh already executed a Power of Attorney in favour of one Ravi to sell the property in respect of the very same property. Therefore, the Petitioner sought clarification from Vimalsingh for which the Vimalsingh agreed to settle the same and cancelling the Power of Attorney of Ravi at the Office of the Joint Sub- Registrar, Chen