Petitioners are accused in Crime No.863/2021 of Cherpu Police Station, alleging commission of offences under Sections 406 and 420 r/w Section 34 of Indian Penal Code. The allegation against the petitioners is that, despite having an agreement with the de-facto complainant, the petitioners sold an item of property to a 3rd party, in violation of the agreement, after having received the advance amount from the de-facto complainant. The learned counsel for the petitioners submits that a total of 8.35 cents was agreed to be sold to the de-facto complainant. It is submitted that, by two separate registered agreements, a total of 7 cents of land was registered in the name of the de-facto complainant. It is submitted that the de-facto complainant expressed difficulty in purchasing the balance 1.35 cents, and after the expiry of the period prescribed in Annexure A1 agreement with the de-facto complainant, the petitioners had sold the aforesaid extent of 1.35 cents to a 3rd party. It is submitted that the petitioners were in urgent need of funds for the treatment of the father of the 1st petitioner. It is submitted that there is no offence of cheating
