PRITI SARAF Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Leave granted.

(2.) The appellants who are the de-facto complainants in FIR No. 132/2017 dated 28th April, 2017 are questioning the order of the High Court dated 15th March, 2019 passed in Criminal Miscellaneous Case Nos. 1718/2017 and 7009/2017 whereby the learned Single Judge in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure (hereinafter being referred to as "CrPC") taking cognizance for the offence under Sections 420, 406 and 34 IPC quashed the orders and set aside the criminal proceedings against 2nd respondent on the foundation that the allegations made in the complaint/FIR does not constitute offences under aforestated sections.

(3.) The factual matrix of the matter as reflected from the complaint as alleged are that the subject property in question, i.e., 37, Friends Colony(East), New Delhi is in the ownership of 2nd respondent. The said property was mortgaged with State Bank of Patiala and the total legal liability payable to the Bank was Rs. 18 crores. That in order to clear the said dues, 2nd respondent hatched a conspiracy with broker Ashok Kumar so as to cheat and defraud the appellants/complainants and to further misappropriate the amounts paid by the complainants as part of the deal, the 2nd respondent breached the trust of the appellants/complainants deliberately and falsely stating to the appellants/complainants that the 2nd respondent would be liable to pay a sum of Rs. 25.50 crores to the complainant if the deal is not carried forward by the 2nd respondent. Keeping in view the overall scenario, agreement to sell was executed on 24th December, 2011 between the 2nd respondent and the 1st appellant. The 2nd respondent agreed to sell 1205.43 sq yds. of the property in question for a total sale consideration of Rs. 63,28,50,750/-. At the time of execution, 1st appellant paid a sum of Rs. 12.50 crores vide cheque dated 24th December, 2011 drawn on HDFC Bank, New Friends Colony, Delhi. As per clause 3 of the said agreement to sell, 2nd respondent had to perform and complete three requirements which were compulsory in nature. The said requirements were to be completed by the 2nd respondent latest by 24th March, 2012 before any further amount is to be received by her from the 1st appellant/complainant.