O R D E R

This petition has been filed for quashing the proceedings in C.C.No.5738 of2018 on the file of the Metropolitan Magistrate for exclusive trial of CCB cases and CBCID cases, Chennai.

2. The case of the prosecution is that when the second respondent / defecto complainant was looking for a property, the accused A1 and A2 had offered to sell their property admeasuring 32.12 acres situated at Village Bo.53, Perumbakkam Village, Madurantagam Revenue Taluk, Kancheepuram District for the total sale consideration of Rs.1,36,15,000/-. Believing their representation, the second respondent / defecto complainant had entered into an unregistered agreement for sale dated 21.03.2015 and paid a sum of Rs.35,00,000/- as advance consideration. The accused A1 and A2 had agreed to execute the Sale Deed within a period of two months from the date of agreement.

3. Though the second respondent / defacto complainant was ready to pay the balance sale consideration amount, the accused A1 and A2 had refused to execute the same. Later, the second respondent / defecto complainant came to an understanding that the property was already mortgaged with the Bank of Baroda, who in turn had initiated legal proc