IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.NO.22652 OF 2021

M/s.Goa Oceanarium Private Limited,

Represented by its Authorized

Person Mr.Arul Officer at No.304 & 305,

Anna Salai, Teynampet,

Chennai – 600018.

...Petitioner/Defacto Complainant

Vs.

1. State Rep by,

Assistant Commissioner of Police,

Central Crime Branch-Team II,

Vepery, Chennai – 600 007. ...1^st Respondent/Complainant

2. K.E.Dayalan

3. M.Srinivasulu

4. D.Krishnamoorthy

...Respondents 2 to 4 /

Accused 1 to 3

PRAYER: Criminal Original Petition is filed under Section 482 of

the Code of Criminal Procedure, to set aside the order passed by

the Judicial Magistrate-I, Poonamallee in Crl.M.P.No.3083/2021

in C.C.No.102/2019, dated 23.08.2021 on the file of the

Judicial Magistrate-I Poonamallee and consequently direct the

Judicial Magistrate-I Poonamallee to receive the documents

mentioned in Para 11 of this petition in C.C.No.102 of 2019.

For Petitioner :

Mr.C.Iyyappa Raj for

Mr.T.S.Lavanesh

For R1

:

Mr.E.Raj Thilak,

Additional Public Prosecutor

For R2

:

Mr.J.Daniel

ORDER

This Criminal Original Petition has been filed to set aside

the order, dated 23.08.2021, made in Crl.M.P.No.3083 of 2021 in

C.C.No.102 of 2019, passed by the learned Judicial Magistrate

No.I, Poonamallee (trial Court).

https://hcservices.ecourts.gov.in/hcservices/

2.The petitioner is the defacto complainant in C.C.No.102 of

2019. The Public Prosecutor before the trial Court filed a

petition under Section 242(2) of Cr.P.C., before the learned

Judicial Magistrate No.I, Poonamallee to receive the documents

mentioned in paragraph No.11 of the petition in C.C.No.102 of

2019 and bring the same on record and mark as additional

documents. The learned Judicial Magistrate No.I Poonamallee,

dismissed the said petition, against which, the present petition

has been filed.

3.The gist of the case is that the land measuring 8 acres 11

cents in Survey Nos.538/2, 535/1, 538/1 in Aynambakkam Village,

Ambattur Taluk, Thiruvallur District belongs to one

A.S.Samikannu and others. They entered into an agreement of sale

on 25.10.2004 for selling the aforesaid lands in favour of Al.

As per the agreement of sale, it was agreed by both the

purchaser and seller that Rs.16,000/- will be the sale price for

one cent of land. On the basis of such agreement of sale, A1

paid a sum of Rs.32,00,000/- as advance sale consideration. One

of the condition is that sale will be effected after the Urban

Land Ceiling proceedings initiated against the lands are

resolved. Even after two years, apart from the initial amount

Rs.32,00,000/- paid, Al could not mobilize the balance sale

consideration. Hence, he approached the petitioner to mobilize

the said balance sale consideration with the consent of the land

owners and requested to purchase the aforesaid lands along with

other adjacent lands for Rs.1,69,00,000/-. As per the agreement

both accepted such a proposal, paid the entire sale

consideration to A1 and to the land owners by way of cheque as

well as cash. Thereafter, A1 failed to complete the sale in

favour of the petitioner, on the other hand executed sale deed

in favour of A3 through A2 and thereby, cheated the petitioner.

Hence, a complaint was lodged by the petitioner before the 1^st

respondent Police and the same was registered in Crime No.89 of

2015, after completion of investigation, charge sheet filed in

C.C.No.102 of 2019 before the Judicial Magistrate No.1,

Poonamallee, listing witnesses LWI to LW25 and annexing 62

documents.

4.The learned counsel for the petitioner submitted that

during trial, PWI to PW3 were examined in chief and the

petitioner was examined as PW1. The petitioner filed a petition

in C.M.P.No.677 of 2020 in C.C.No.102 of 2019 to mark the

affidavit of the accused, which was filed before