TEEKA RAM CHANDEL Vs. ANIS

JUDGEMENT

(1.) Being aggrieved by the order dtd. 29/8/2017 passed by the Additional Sessions Judge to 1st Additional Sessions Judge, Durg, District Durg in Criminal Revision No.111/2016 whereby, upholding the order dtd. 26/3/2016 passed by JMFC, Durg, an application under Sec. 156(3) Cr.P.C was dismissed, the Petitioners have filed this Petition under Sec. 482 Cr.P.C.

(2.) Brief facts of the case are that Respondents No.1 and 2 are the directors of Company working in the name and style of Sanwariya Renewal Energy Solution Limited and Respondents No.3 and 4 are the partners of Shyam Soap Works Factory. It is alleged that both the factories are adjacent to each other and are situated in the area of 20000 and 18000 sq. ft respectively at village Somani, District Rajnangaon. It is further alleged that both the factories were given on lease by the District Trade and Industries Centre, Rajnandgaon (for short 'the DIC') to Respondents No.1 to 4, who have entered into an agreement on 3/6/2014 for taking over the said factories in favour of the Petitioners for a consideration to the tune of Rs.91.00 lacs out of which, Rs.21,24,000.00 was paid in cash as earnest money and it has also been agreed that the Complainant has to pay a loan to the tune of Rs.70.00 lacs. Respondents No.3 and 4 further agreed to take appropriate steps for obtaining permission from the DIC for change of name for the aforesaid factories. After execution of the said agreement, it came to the notice of the Complainant that Respondents No.1 to 4 have concealed the material facts that they could not transfer the ownership of factories within 5 years and have not deposited the premium amount from the period commencing from 2011 to 2015 because of which, the competent authority has cancelled the lease vide order dtd. 3/12/2015. Thus, Respondents No.1 to 4 have cheated the Petitioners and the Petitioners have approached the police for registering FIR on 29/8/2015, but no action was taken, therefore, the Petitioners have filed an application under Sec. 156(3) Cr.P.C before the JMFC and vide impugned order dtd. 26/3/2016, the JMFC, Durg has rejected the aforesaid application, which was also affirmed by the revisional Court. Hence this Petition.

(3.) Shri Dhurandhar submits that from the contents of the complaint, offence under Sec. 420, 467, 471 and 120-B IPC was clearly made out against Respondents No.1 to 4, however, the police has neither registered the FIR nor made any enquiry in violation of the principles laid down in the matter of Lalita Kumari vs. Government of Uttar Pradesh and Others reported in (2014) 2 SCC 1. He further submits that Respondents No.1 to 4 are not competent to execute the agreement dtd. 3/6/2014 and suppressing the material facts, they have cheated the Petitioners and the JMFC, Durg has, in a mechanical manner, rejected the application filed under Sec. 156(3) Cr.P.C and the revisional Court has also not appreciated the facts in its true perspective and therefore, prays to quash the impugned orders by allowing the application filed under Sec. 156(3) Cr.P.C and directing the concerned authorities to register FIR against Respondents No.1 to 4.