Criminal Revision against order dismissing petition under Section 156(3) Cr.P.C. seeking direction to register FIR for alleged cheating in unregistered property agreement. Court held it is a civil breach of contract and dismissed the revision.
Criminal Revision Case dismissed with no costs.
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CRL RC(MD)No.301 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
CRL RC(MD)No.301 of 2022
V.Madurai Veeran ... Petitioner
Vs.
1.P.V.Dharmalingam
2.Yasodha
3.The State of Tamil Nadu, Rep. by, the Inspector of Police, Melur Police Station, Madurai city. ... Respondents
(R3 is impleaded as per the order of this Court dated 26.03.2025 in Crl.MP.(MD)No.4069 of 2025 in Crl.RC(MD)No.301 of 2022)
PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for records relating to the order passed by the learned Judicial Magistrate, Melur, in Cr.M.P.No.667/2021, dated 16.11.2021 and set aside the same.
For Petitioner : Mr.M.Muthumalan, For T.A.Ebenezer For R-1 & R-2 : No appearance For R-3 : Mr.S.S.Manoj, Government Advocate (Criminal side)
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CRL RC(MD)No.301 of 2022
ORDER
This Criminal Revision Petition is filed to call for the records relating to the order passed by the learned Judicial Magistrate, Melur, in Cr.M.P.No.667/2021, dated 16.11.2021 and set aside the same.
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filed.
the same. Challenging the said order, this Criminal Revision case is filed.
having agreed to execute the sale deed in favour of the petitioner herein within a period of three months, the same was not done by the respondents 1 and 2 herein, and that apart, the report was filed before the learned Trial Court by the 3rd respondent police and the same would also reveal the fact the respondents 1 and 2 had received an advance amount of Rs.2,00,000/- (Rupees Two Lakhs only) and they had failed to return the same in their reluctance to execute the sale deed in favour of the petitioner herein. Hence, this is a fit case for directing the 3rd respondent police to register a First Information Report. However, the learned Judicial Magistrate had erred in passing the impugned ordrer by dismissing the petition filed by the petitioner herein.
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impugned order for the reason that the nature of the issue involved is only with respect to the breach of contract which will not amount to any criminal offence and hence, the impugned order need not be interfered with.
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respondents 1 and 2. The learned Trial Court having observed that the unregistered sale deed which is enforceable by law since it amounts to breach of contract had concluded that the relief for the petitioner herein would lie before the Civil Court of competent jurisdiction, I don't find any demerit in the said finding and it is not necessary to interfere with the impugned order.
18.06.2025
NCC : Yes / No Index : Yes / No Internet : Yes Sml
To
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CRL RC(MD)No.301 of 2022
L.VICTORIA GOWRI, J.,
Sml
CRL RC(MD)No.301 of 2022
18.06.2025
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2 issues framed by the court
Whether the dismissal of a petition under Section 156(3) Cr.P.C. regarding an alleged breach of unregistered agreement for sale is liable to be set aside in a criminal revision.
Whether breach of an unregistered agreement for sale amounts to a cognizable criminal offence warranting police investigation under Section 156(3) Cr.P.C.
V.Madurai Veeran
P.V.Dharmalingam
Yasodha
The State of Tamil Nadu, Rep. by, the Inspector of Police, Melur Police Station, Madurai city
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
