SC refuses to quash cheating case against senior advocate: 'Shocking! you acted like a broker', it says; rejects plea to refund
NEW DELHI: The Supreme Court on Wednesday expressed shock and dismay over a 69-year-old senior advocate cheating a person of 1.68 crore rupees by acting as a land broker and dismissed the plea for quashing the criminal case against him in lieu of his undertaking to refund the swindled amount.
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A partial working day bench of Justices Prashant Kumar Mishra and Manmohan said, 'It is not a case for settlement. You may be a lawyer, but your conduct is outrageous. You should face trial and get convicted.'
'A senior advocate is doing brokering. He is doing land transactions through his clerk. He collected Rs 1.68 crore and refused to refund. This is shocking. He even got his intern, a law student, involved in this act.
And all this is happening in a senior advocate's chamber,' the bench said.
The senior advocate, R Manickavel, posing as the agreement holder of the original owner of a property, promised to offer that property for a sale consideration of Rs 3.25 crore. On various occasions, a sum of Rs 1.68 crore was received by the senior advocate without introducing the title holder to the complainant.
Smelling a rat, the complainant insisted on meeting the original owner.
Manickavel told the complainant to pay the balance amount if he had confidence in him. If not, he could take back the advance payments of Rs 1.68 crore.
The complainant sought a refund of the advanced amount. Manickavel repaid only Rs 40 lakhs. On verification, the complainant came to know that the original landowner had settled the said property in favour of her legal heirs. When the complainant demanded return of his money, Manickavel along with co-accused, refused to pay and threatened him with dire consequences.
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He lodged a police complaint in 2011 accusing the lawyer of cheating. The Chennai police filed a chargesheet in 2023, of which the Egmore Magistrate has taken cognizance. The Madras HC on Apr 30 this year dismissed his plea for quashing of the case. Against this order, he had appealed in the SC.
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