Heard Sri Mahesh S, learned counsel for the

petitioner. There is no need to issue notice to the

respondents as the petitioner9s complaint under

section

200

Cr.P.C

was

dismissed

by

the

Magistrate

without

taking

cognizance

of

the

offences.

2. Learned counsel Sri Mahesh argues that

the trial court has given a wrong finding that in

case cognizance of the offences is taken and

process is issued to the accused, it would amount

to double jeopardy. According to the learned

counsel, the transaction which the petitioner has

alleged in her complaint under section 200 Cr.P.C

is entirely different from the transaction in respect

of which the police registered an FIR in Crime No.

23/2019. Both being different, the Magistrate

could have proceeded to take cognizance and

issued process to the accused.

:: 5 ::

3. Keeping in mind the argument of Sri

Mahesh, if the facts of the case are analyzed, what

appears is this : the true owner of the property

bearing Municipal No.1/31 (old No. 1-J), Ulsoor

Road, Bengaluru, is one Mr. Jebby Joseph. He is

residing abroad and noticing the long absence of

the

true

owner,

it

is

stated

that

the

first

respondent who is accused No.1 approached the

petitioner holding out that he was the true owner

of the said property on the strength of an

agreement of sale executed by respondent No.2.

Respondent No.3 is the husband and respondent

No.4 is the daughter of the second respondent.

The petitioner agreed to purchase the property for

a total consideration of Rs.3,00,22,800/-. The

second respondent executed the sale deed in

favour of the petitioner on 25.10.2018. To the

said sale deed, first respondent was the confirming

party

and

respondents

3

and

4

were

the

:: 6 ::

consenting witnesses. Respondents 5 to 11 are

said to be the associates of the first and second

respondents. Sometime later, the true owner

namely Mr.Jebby Joseph came to know about the

fraudulent sale transactions and then lodged an

FIR with the police in Crime No. 23/2019 at Ulsoor

police Station. The police registered FIR for the

offences under sections 468, 467, 419, 471, 420

and 120B of IPC. The petitioner was shown as

accused No.3 in the FIR. Subsequently when the

charge sheet was filed, the petitioner was dropped

from the array of accused and shown as a witness

in the charge sheet. The petitioner, having learnt

that she had been cheated by respondents, also

went to the police station to lodge an FIR, but it

was not received. Then she complained to the

Commissioner of Police and since no action was

taken, she approached the Magistrate by filing a

complaint

under

section

200

Cr.P.C.

The

Magistrate did not take cognizance of the offences

:: 7 ::

at

all

and

dismissed

the

complaint

at

the

threshold.

4. If the entire materials available on record

are perused, it may be stated that though the FIR

in Crime No. 23/2019 and the complaint made by

the petitioner pertains to the same property, the

transaction

giving

rise

to

the

offences

are

different. To put it in other words, the first

respondent is said to have induced the petitioner

to purchase the property by misrepresenting to

her that he was the agreement holder from

respondents 2 to 4 who were projected as true

owners. Believing the words of respondents 1 to

4, the petitioner was induced to purchase the

property and at a later point of time she came to

know that the true owner was one Mr. Jebby

Joseph and not respondent No.2. This transaction

took place on the day when the sale deed was

registered

on

25.10.2018.

So

far

as

the

:: 8 ::

allegations in the FIR are concerned, they relate to

a

transaction

pertaining

to

fabrication

of

documents by respondents 2 to 4 to knock of the

property of the true owner. The documents which

are said to have been created by respondents 2 to

4 came into existence much before the first

respondent approached the petitioner holding out

that he was the agreement holder from respondent

No.2.

Therefore

there

are

two

independent

transactions which have given rise