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C.V.Thambidurai vs A.Natarajan
2023 Latest Caselaw 10674 Mad

Citation : 2023 Latest Caselaw 10674 Mad
Judgement Date : 18 August, 2023

Madras High Court
C.V.Thambidurai vs A.Natarajan on 18 August, 2023
                                                                                    Crl.A.No.315 of 2014


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED :         18 .08.2023

                                                             CORAM

                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                    Judgment Reserved On       Judgment Pronounced On
                                         04.01.2023                  18.08.2023

                                                     Crl.A.No.315 of 2014

                     C.V.Thambidurai                                 ... Appellant/Complainant

                                                              Vs.

                     1.A.Natarajan
                     2.A.Gopalraj
                     3.V.Saraswathi                                  ... Respondents/A1 to A3

                     PRAYER: Criminal Appeal is filed under Section 378(4) of Cr.P.C., to call
                     for the records in C.C.No.630 of 2007, and set aside the judgment of
                     acquittal passed by the learned Judicial Magistrate No.VII, Coimbatore,
                     dated 28.10.2013.


                                     For Appellant       :     Mr.C.Arunkumar
                                                               for Mr.S.Gopinath

                                     For Respondents :         Mr.A.Ashwin Kumar
                                                               Legal Aid Counsel


                     1/28



https://www.mhc.tn.gov.in/judis
                                                                                         Crl.A.No.315 of 2014



                                                      JUDGMENT

This Criminal Appeal is arising out of acquittal of the

respondents/Accused Nos.1 to 3 passed by the learned Judicial Magistrate

No.VII, Coimbatore, in C.C.No.630 of 2007, dated 28.10.2013.

2. For the sake of convenience, the appellant and the respondents are

referred to as 'complainant' and 'accused', respectively.

3. The brief facts of the case, as projected by the prosecution, are as

follows:

(i) Accused Nos.1 to 3 and one N.Pachiammal and

S.Palaniammal/Accused Nos.4 and 5 are the owners of the land comprised

in S.F.No.834/1, to an extent of 14.90 Acres, situated at Chettipalayam

Village. All the accused agreed to sell the property to the complainant for a

sale consideration of Rs.2,23,500/-. On 06.07.1992 all the accused executed

an agreement for sale after receiving advance amount of Rs.15,000/-. Ex.P.1

is the Agreement for Sale. Thereafter, the complainant had paid balance

sale consideration on various dates. Ex.P.7 series are the Receipts. After

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receiving the entire amount, on 09.03.1994, all the accused issued Ex.P.2

Receipt and executed a Power of Attorney in favour of the complainant with

respect to the above said property. Ex.P.3 is the Power of Attorney.

Thereafter, the complainant spent huge sum and formed a layout in the

property, divided into plots and sold 129 sites to various persons and 54

sites were remaining for sale.

(ii) In the meanwhile, all the accused cancelled the Power of

Attorney, through a registered cancellation deed, dated 16.03.2007. Ex.P.6

is the Cancellation Deed. Thereafter, the accused sent Ex.P.4 Notice to the

complainant on 19.03.2007, for which, the complainant sent Ex.P.5 Reply

Notice. Exs.P.8 to P.11 are the Balance Sheet of Jay Jay Associates, owned

by the complainant, Income Tax Returns and Balance Sheet. All the

accused after receiving entire sale consideration with an intention to cheat

the complainant, cancelled the Power of Attorney.

(iii) During the pendency of trial, the said N.Pachiammal and

S.Palaniammal/Accused Nos.4 and 5 died and therefore, charge against

them stood abated.

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3. Before the trial Court, on the side of prosecution, P.Ws.1 and 2

were examined and Exs.P.1 to P.11 were marked, no material object was

produced. On completion of examination of the witnesses on the side of the

prosecution, the accused were questioned under Section 313(1)(b) Cr.P.C.,

as to the incriminating circumstances found in the evidence of the

prosecution witnesses and they denied them as false. On behalf of the

defence, no witness was examined, but Exs.D.1 to D.8 were marked as

defence documents.

4. Considering the evidence available on record, the learned Judicial

Magistrate No.VII, Coimbatore, by judgment dated 28.10.2013, found the

accused not guilty for the offence under Section 420 I.P.C. and acquitted

them, as the prosecution has failed to prove the guilt of the accused beyond

reasonable doubt. Challenging the said judgment of acquittal, the

complainant has preferred this appeal.

5. The learned counsel for the complainant submitted that the

complainant entered into an agreement for sale with the accused on

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06.07.1992 in respect of a property owned by the accused in Chettipalayam

Village, to an extent of 14.90 Acres. The sale consideration was fixed as

Rs.2,23,500/- i.e., Rs.15,000/- per Acre and on the day of entering into sale

agreement, an advance of Rs.15,000/- was paid to the accused by the

complainant. The entire sale consideration was paid in parts on various

dates between 08.10.1992 and 27.02.1994. On receipt of entire sale

consideration, the accused executed a registered Power of Attorney in the

name of the complainant on 09.03.1994 to deal with the property.

Thereafter, the complainant made plots on the said land and sold 129 plots

by 2007, by executing sale deeds as a Power Agent. All of a sudden, lured

by escalating prices on land, the accused made demands for further amount

from the complainant, even though there was no due from the complainant.

Aggrieved over the inability to procure further sums, the accused with an

ulterior motive cancelled the Power of Attorney on 16.03.2007 after 13

years from its execution and issued a notice dated 19.03.2007. The

complainant replied to the legal notice through his counsel on 02.04.2007

and the same was not considered, the complainant approached the local

Police for registration of a case against the accused on 23.04.2007. As the

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same was refused, a complaint came to be preferred by the complainant

against the accused before the learned Judicial Magistrate No.VII,

Coimbatore, on 27.04.2007, for suitable action.

6. The learned counsel for the complainant further submitted that the

learned Magistrate after recording the sworn statement of the complainant

and a witness, dismissed the complaint on 29.06.2007 holding that in spite

of having paid the entire sale consideration in 1994, the complainant had

not obtained the sale deed in his favour and that the Power of Attorney can

be cancelled by the Principals and the said cancellation cannot amount to an

offence. Aggrieved over the same, the complainant preferred

Crl.R.C.No.1520 of 2007 before this Court. This Court set aside the order

of the learned Magistrate and proceeded to hold that prima facie criminal

intention was seen on the part of the accused. Pursuant to the orders of this

Court, the learned Judicial Magistrate No.VII, Coimbatore, took the

complaint on file in C.C.No.630 of 2007, vide order dated 07.11.2007.

Thereafter, the trial commenced and on the side of the complainant, two

witnesses were examined and 11 documents were marked. While so, the

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accused preferred an application under Section 245(2) Cr.P.C. to discharge

them from the case. The Trial Court after perusal of documents and

evidence on record, came to the conclusion that there were sufficient

materials to frame a charge and proceed with the trial against the accused

and thus, dismissed the discharge application, vide order dated 13.10.2010.

Thereafter, on 06.06.2011, the revision preferred against the dismissal of

discharge application by the learned Magistrate came to be dismissed as

withdrawn by this Court. Thereafter, P.W.1 and P.W.2 were cross-

examined by the accused and 11 documents were marked and eight

documents were marked on behalf of the accused as defense exhibits. In

order to delay the proceedings, on 29.01.2013, the accused filed an

application under Section 91 of Cr.P.C. to summon the Information Officer

in the District Registrar Office to produce documents regarding the stamp

papers bought by the complainant despite the enquiry having been closed

by the District Crime Branch. The said application was dismissed by the

learned Magistrate on 11.06.2013. Thereafter, on 28.10.2013, the impugned

judgment of acquittal was passed by the learned Judicial Magistrate No.VII,

Coimbatore, wherein, the learned Magistrate rendered the acquittal on the

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ground that for the offence of cheating, deception must be at the inception

of transaction, which was absent in the present case and thus, no offence

under Section 415 I.P.C. was made out.

7. The learned counsel further submitted that on 17.03.2010 one of

the accused by name, A.Natarajan preferred a complaint to the District

Crime Branch, Coimbatore, against the complainant alleging that the

complainant indulged in using fake stamp papers to create sale deeds.

Aggrieved over the fact that the complaint was pending without any

progress, the accused Natarajan preferred a petition before this Court, vide

Crl.O.P.No.15805 of 2010 seeking a direction to the Police authorities to

conduct enquiry. This Court, by order dated 15.07.2010, directed the DCB,

Coimbatore, to conduct enquiry. Again, on 10.02.2011, the accused

Natarajan preferred Crl.O.P.No.2582 of 2011 before this Court seeking to

direct the DCB, Coimbatore, to conduct enquiry. In the said Petition, this

Court directed the DCB, Coimbatore, to conduct appropriate enquiry and

register a case if cognizable offence was made out. Accordingly, the DCB

conducted enquiry and filed a report on 19.09.2011 stating that the stamp

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papers, which were alleged to be forged by the complainant, were genuine

and thus, no further investigation was required.

8. The learned counsel for the complainant further submitted that

even though the facts constitute the requisite ingredients of cheating as

contemplated under the Penal Code, the learned Magistrate proceeded on

the lines that deception was absent at inception, thereby, misconstruing the

import of Section 415 I.P.C. Further, the fact that no sale deed was executed

by the accused in favour of the complainant was also relied upon by the

learned Magistrate to acquit the accused, which was not warranted in view

of the dishonest intention being seen, as the accused retained the sale

consideration even after cancellation of the Power of Attorney. Permitting

such form of cheating to continue, the same would give rise to multiple

scams and thus, the impugned judgment of the learned Magistrate requires

re-consideration by this Court.

9. The learned counsel further submitted that the Indian Contract Act,

1872, prescribes that an Agency coupled with interest cannot be revoked

unless there is an express contract to that effect and even if such revocation

is to be made, then, due notice must have been given to such agent. In this

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case, neither any intimation was given to the Agent/complainant nor any

offer was made by the Principals/accused to make good the loss, which

would be sustained by the complainant. Further, no attempt was made by

the accused to return back the sale consideration received by them to the

complainant.

10. The learned counsel further submitted that the principles

regarding Agency coupled with interest and its revocation are governed by

Sections 202, 203, 204 and 206 of the Indian Contract Act, 1872. Section

202 of the Indian Contract Act, 1872, lays down that an agency coupled

with interest is irrevocable. Where the agent has himself an interest in the

property, which forms the subject matter of the agency, the agency cannot,

in the absence of any express contract, be terminated to the prejudice of

such interest. Thus, even on the death of the Principal, an Agency coupled

with interest cannot be revoked to the prejudice of the Agent. The nature of

Agency can be determined from the terms of contract entered into between

the parties. In the present case, the Power of Attorney executed in favour of

https://www.mhc.tn.gov.in/judis Crl.A.No.315 of 2014

the complainant, permitting him to deal with the property and sell it to third

parties. The interest of the Agent in the property is derived from the

contemporaneous documents such as, sale agreement and execution of

consolidated receipt. The said contention is fortified by the observations of

the Hon'ble Apex Court in Seth Loon Karan Sethiya vs. Ivan E.John

reported in AIR 1969 SC 73.

11. The learned counsel further submitted that unilateral cancellation

of Power of Attorney is not tenable in view of Section 202 of the Indian

Contract Act, 1872 and if a Principal wants to revoke the authority given by

him, such revocation must be prior to the exercise of the authority by the

Agent prescribed under Section 203 of the Indian Contract Act, 1872, which

reads as follows:-

''203. When principal may revoke agent's authority.-

The principal may, save as is otherwise provided by the last preceding section, revoke the authority given to his agent at any time before the authority has been exercised so as to bind the principal.''

12. Further, an Agency which has been acted upon, can never be

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revoked, in reference to the acts already performed by the Agent. Section

204 of the Indian Contract Act, 1872 reads as follows:-

''204. Revocation where authority has been partly exercised.-

The principal cannot revoke the authority given to his agent after the authority has been partly exercised, so far as regards such acts and obligations as arise from acts already done in the agency.''

13. The learned counsel further submitted that if the Principal fails to

revoke the authority prior to exercise of such authority by the agent, then,

even though subsequent cancellation is permissive, it cannot extend to the

acts already performed by the agent on the strength of the power bestowed

on him. Further, Section 206 of the Indian Contract Act, 1872 stipulates that

there must be due notice to the Agent before such revocation takes place

and also any damage incurred to the Agent must be compensated. A perusal

of the aforesaid provisions would evince that an Agency coupled with

interest is irrevocable, unless suitable compensatory measures are

undertaken by the Principal. In the present case on hand, the learned

Magistrate proceeded on a misconceived notion that Principals can revoke

Power of Attorney whenever they choose to do so, thereby, failing to note

the fact that the Agency in the present case was one which was coupled with

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interest. Therefore, the impugned judgment is contra to the principles of the

Indian Contract Act, 1872 and thus, the same deserves to be set aside.

14. The learned counsel further submitted that the learned Magistrate

misconceived that execution of Power of Attorney was the inception of the

transaction, and failed to note that it was only the cancellation, which was

the starting point of the transaction. In the present case, the complainant

and the accused entered into an agreement for sale in 1992 and sale

consideration was fully paid in 1994. Subsequently, a Power of Attorney

was entered into in 1994, in lieu of sale deed and by virtue of the Power of

Attorney, the complainant had entered into several sale transactions with

third parties, who were interested in purchasing the layouts formed by the

complainant on the land. In 2006, the accused after learning about the sale

of 129 plots, approached the complainant demanding further sum on the

land, in view of escalation in prices. When the same was refused by the

complainant, the Power of Attorney was cancelled and thereby, cheated the

complainant.

https://www.mhc.tn.gov.in/judis Crl.A.No.315 of 2014

15. The learned counsel further submitted that the subsequent demand

of money from the complainant is not mere breach of promise, but acting in

violation/contra to the terms of the contract, which ultimately led to the

cancellation of the very document itself. The demand of money is the

inception in the present case and the conduct of the parties has to be

adjudged from that point. In this regard, the learned counsel placed reliance

on the judgment in Kishore Kumar Ganguly vs. State of Chhattisgarh,

decided on 5th March 2011, wherein the Chattisgarh High Court had an

occasion to deal with a case with similar set of facts and concluded that the

subsequent conduct on the part of the vendors in not executing the sale deed

and thereafter, cancelling the Power of Attorney, evinces the intention to

cheat the purchaser. Relevant portion of the dictum is extracted hereunder:-

''7. In the present case, as per the complaint, virtually, the applicant has sold the plot to the complainant after receiving full amount of consideration and handed over possession to the complainant. The applicant was seller and nothing was required to be performed on behalf of the purchaser i.e. the complainant for execution of sale deed. The applicant was under legal obligation to obtain necessary permission, if required, and execute sale deed in favour of the complainant, but he has not discharged his legal obligation till 2002. Although the applicant has executed power of attorney in favour of

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brother-in-law of the complainant who was competent to execute sale deed in favour of his sister-in-law on behalf of the applicant, but the power of attorney holder was not competent to obtain permission from the competent authority. In the year 2002 when the power of attorney holder tried to obtain permission for the applicant from the competent authority, the applicant has informed the competent authority that he is cancelling the power of attorney executed in favour of brother-in-law of the complainant and in year 2007, the applicant has executed sale deed in favour of third party i.e. Ashok Jadwani.

.....

13. ..... However, the applicant has not discharged any of his legal obligations at any stage and contrary to discharge of such legal obligations virtually, he has restrained his power of attorney holder from executing sale deed and thereafter, he himself has executed sale deed in favour of third person.

.....

16. All these subsequent conducts are prima facie sufficient to indicate that intention of the applicant was fraudulent and dishonest since its inception and in connivance with the subsequent purchaser, he has tried to deprive the complainant and cause damage to the complainant from the property and from its rightful enjoyment. These circumstances clearly satisfy the commission of cheating to the complainant in connivance with the second purchaser, as defined in Section 415 of the IPC punishable under Section 420 of the IPC.''

Applying the aforesaid ratio to the facts of the present case, the dishonest

intention of the accused is prevalent from the following factors:

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(a) Receipt of entire sale consideration not denied by the accused.

(b) No effort taken by the accused to return the sale consideration.

(c) Prior intimation not given before cancelling the Power of

Attorney.

(d) The accused made an endorsement to the full receipt of money

even after two years from the date of agreement. Endorsement on the

reverse of the sale agreement and the execution of the Power of Attorney

was on the same day, which are concurrent transactions. The endorsement

is to the effect that there was no further due from the complainant to the

accused.

(e) Demand of further money from the complainant and subsequent to

the same, the Power of Attorney was cancelled, which would reflect that the

accused were not desirous of fulfilling their obligations.

(f) Cancellation of Power of Attorney after 13 years was due to

escalation of prices in land, which shows the criminal intend of the accused.

The aforesaid facts would establish that the accused did have an intention to

cause wrongful loss to the complainant and the subsequent conduct of the

accused clearly confirms the intention of the accused to cheat and therefore,

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the ingredients for the offence of cheating under Section 415 I.P.C.

punishable under Section 420 I.P.C. is made out as against the accused.

Thus, the judgment of acquittal passed by the learned Magistrate needs to be

re-appreciated and set aside.

16. The learned counsel further submitted that the cancellation of

Power of Attorney was done after 13 years. However, the learned

Magistrate concluded that the accused did not have an intention to cheat the

complainant. This had weighed on the mind of the learned Magistrate

heavily to acquit the accused. Further, the accused threatened the

complainant and the third party purchasers, which resulted in preferring the

present complaint. A loss had been incurred to the complainant due to

cancellation of Power of Attorney. Further, the complainant produced the

relevant income tax records to prove the payments made to the accused. No

explanation from the accused as to why they were still retaining the sale

consideration after cancellation of Power of Attorney and no notice was

issued to the complainant while cancelling the Power of Attorney. The

aforesaid factors would further clinch the stand of the complainant that the

accused resorted to dubious methods of cheating. On perusal of the

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judgment, it is discerned that the Magistrate had not appreciated the

evidence in its proper perspective and proceeded to acquit the accused on

the technical ground. Therefore, the judgment of acquittal passed by the

learned Magistrate is erroneous, against law and the evidence on record.

Hence, the evidence needs to be re-analyzed and the acquittal so passed be

set aside.

17. The learned counsel also submitted that complainant filed

O.S.No.69 of 2011 before the III Additional Sub Court, Coimbatore,

seeking permanent injunction in respect of the property in question, which

was decreed on 25.10.2021.

18. The learned Legal Aid Counsel for the respondents submitted that

where a criminal proceeding is manifestly attended with mala fides and

where the proceeding is maliciously instituted with an ulterior motive for

wreaking vengeance, the proceedings could be quashed. Therefore, one of

the ingredients of cheating as defined in Section 415 of the Penal Code is

existence of a fraudulent or dishonest intention of making initial promise or

existence thereof from the very beginning of formation of contract. Failure

to keep promise subsequently, such a culpable intention right at the

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beginning, cannot be presumed.

19. The learned counsel further submitted that on the strength of the

Power of Attorney executed by the accused, the complainant started to sell

the landed properties as several parts to various persons, but he has not

informed any particulars or details of those alleged sale deeds executed by

him. As per the terms and conditions of the Power of Attorney, the

complainant is duty bound to disclose the details of the sale deeds and also

liable to give true, genuine and proper accounts by way of rendition of

accounts, which is the one of the major conditions in the Power of Attorney

and thereby, violated the terms and conditions of the Power of Attorney.

20. The learned counsel further submitted that the complainant

entered into an agreement for sale with the accused on 06.07.1992

undertaking to pay the entire sale consideration i.e., Rs.2,23,500/- within a

period of nine months, which came to an end on 06.04.1993. On the

contrary, he paid substantial portion of the amount i.e., Rs.1,57,250/- after

the time limit and the last payment of Rs.51,250/- was made only on

09.03.1994 i.e., after 1 ½ years from the date of agreement and thereby,

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violated the terms and conditions of the said agreement.

21. The learned counsel further submitted that as per clause 11 of the

Power of Attorney dated 08.03.1994, for executing the Power of Attorney,

the accused did not receive any consideration from the complainant. He

further submitted no witness to the receipt of the aforesaid amount was

examined.

22. The learned counsel further submitted that the allegations levelled

against the accused do not reveal any dishonest and fraudulent intention to

cheat the complainant from the very inception. It is well settled that where

the allegations contained in the F.I.R., even if given face value and taken to

be correct, do not disclose the commission of criminal offence and it can be

only a civil dispute, hence, the proceedings are liable to be quashed.

23. In support of his contentions, the learned counsel relied on the

following judgments:-

(a) Bhoom Rajam and another vs. State of A.P. and another

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reported in 2002 SCC Online AP 1492 for the principle that, when the

dispute is civil in nature, no criminal offence can be culled out on the

strength of the averments found therein.

(b) In the case of Dalip Kaur and others vs. Jagnar Singh and

another reported in 2009 (14) SCC 696, the Hon'ble Apex Court had

defined, if the dispute between the parties was essentially a civil dispute,

resulting from a breach of contract on the part of the appellants therein by

non-refunding the amount of advance, the same would not constitute an

offence of cheating.

(c) In T.Chandrasekhar vs. State and another reported in 2011

SCC Online Mad 396 and R.Robert Denson vs. State, Rep. By Inspector

of Police, Central Crime Branch, Chennai and another reported in 2014

SCC Online Mad 7235, this Court had followed the same principle.

Thus, the learned counsel for the respondents submitted that the consistent

view of the Hon'ble Apex Court is that deception for cheating must be at the

time of inception and breach of contract would not amount to an offence of

cheating.

24. The learned counsel also submitted that the alleged conduct if any

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on the part of the respondents amounts to breach of contract and breach of

contract simpliciter does not constitute an offence as the act of cheating or

criminal breach of trust and is basically more of civil in nature and prayed

for dismissal of the Criminal Appeal.

25. I have heard the learned counsel for the complainant and the

learned Legal Aid Counsel for the respondents and perused the materials on

record.

26. Considering the aforesaid submissions and on perusal of the

materials, it is not in dispute that the complainant had approached the

respondents to purchase 14.90 Acres of land in S.F.No.834/1, situated at

Chettipalayam Village, Coimbatore and negotiated with them. Pursuant to

the same, the respondents herein and two others had agreed to sell 14.90

Acres of land to the complainant for consideration. Thereafter, on

06.07.1992 an agreement for sale was executed and payments were made

during the years from 1992 – 1994, which were acknowledged by receipts.

Thereafter, on 09.03.1994 a Power of Attorney was executed in favour of

the complainant. Using the said Power of Attorney, the complainant spent

huge sum and formed a layout in the property, divided into Plots and sold

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129 Plots to various persons and 54 Plots were remaining for sale.

Thereafter, on 16.03.2007, the Power of Attorney was unilaterally cancelled

by a cancellation deed and after cancellation, notice was issued to the

complainant.

27. The case of the complainant is that, he had paid entire sale

consideration to the respondents and two others and thereafter only, the

Power of Attorney was executed. Using the Power of Attorney, he had

developed the property making his own investments and thereafter, due to

escalation of land value, the respondents became greedy, made undue

demands, which was resisted by the complainant. Hence, in order to create

encumbrance and obstacle for the sale of remaining 54 Plots, the

respondents cancelled the Power of Attorney, which caused undue loss to

him and hence, the respondents committed the offence of cheating.

28. The Trial Court considered the contention of the complainant in

detail and on the evidence and material produced, had come to a conclusion

that there was no intention by the respondents to defraud or cheat the

complainant at the time of executing the Power of Attorney. The entire case

rests on the Power of Attorney and cancellation of Power of Attorney,

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which was unilaterally done, utmost it might give a right for the

complainant to resist the same citing the provisions of Sections 203, 204

and 206 of the Indian Contract Act, 1872, in a civil proceedings, certainly

not by a criminal case.

29. Further, it is seen that the complainant had filed a civil suit in

O.S.No.69 of 2011 against the respondents herein and the legal heirs of one

N.Petchiammal and S.Palaniammal, before the III Additional Sub Court,

Coimbatore, questioning the unilateral cancellation of Power of Attorney.

The learned III Additional Sub Judge, Coimbatore, citing the provisions of

the Indian Contract Act, 1872, held that the complainant is entitled for

permanent injunction, restraining the respondents and others and their men

or agents jointly and severally from making any claim over the property or

encumbering or creating any document in respect of the said property. Thus,

the civil right of the complainant has been upheld and his interest over the

said property safeguarded. The Civil Court's finding is that unilateral

cancellation of Power of Attorney is not binding on the complainant, which

is subject of contract obligations, and the same cannot be automatically

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termed as offence of cheating committed. It is one thing to assess the facts

and circumstances of the case for a civil remedy and that the same analogy

cannot be construed to be a criminal act.

30. The Trial Court's finding is well reasoned one. In this case, from

the admitted facts, it is clear that at the time of inception, there was no

deception or any intention to cheat the complainant. The consistent view of

the Hon'ble Apex Court as well as this Court as referred to above is that, for

an offence of cheating, the deception must be at the stage of inception. In

this case, there is no such deception.

31. In view of the above, this Court finds no reason to interfere with

the well reasoned judgment of the Trial Court. Hence, this Criminal Appeal

is dismissed.

32. Before parting with this case, this Court wishes to place on record

its appreciation for the assistance rendered by Mr.A.Ashwin Kumar, learned

Legal Aid Counsel for the respondents, who assisted this Court with an

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impressive preparation of the case along with case laws.

18.08.2023 Index : Yes/No Internet: Yes/No Neutral Citation: Yes/No smn2/vv2

https://www.mhc.tn.gov.in/judis Crl.A.No.315 of 2014

To

The Judicial Magistrate No.VII, Coimbatore.

https://www.mhc.tn.gov.in/judis Crl.A.No.315 of 2014

M.NIRMAL KUMAR, J.

smn2/vv2

Pre-delivery Judgment made in

Crl.A.No.315 of 2014

18.08.2023

https://www.mhc.tn.gov.in/judis

 
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