KHANDELWAL BUILDERS PVT. LTD. Vs. STATE

JUDGEMENT

(1.) BY this petition filed under Section 482 Cr.P.C., the petitioner has laid a challenge to the order dated 24.05.2011 in CC No. 154/10 whereby the prayer of the petitioner to direct the police, in exercise of power under Section 156(3) Cr.P.C., to register FIR and investigate the matter, was declined by learned ACMM, Saket. In brief the case of the petitioner is that in April, 2007 one Narender Kumar Mago approached the petitioner claiming himself to be a big real estate agent and owner of vast contiguous pieces of land in Karjat (Maharashtra). He also represented himself to be the holder of power of attorney from various other owners of land holdings in that area authorised to negotiate on their behalf claiming that he was also negotiating with other owners and was in the process of acquisition and in a position to acquire 1200 acres of contiguous land in that area which was either agricultural or uncultivated/barren/cultivated with no restriction in the process of acquisition and development of the said land.

(2.) THE petitioner was further informed that Mr. N.K. Mago, who was the power of attorney holder, was in urgent need of money to pay for the land to be acquired and thus was looking for a financial partner with necessary expertise. He also claimed to be holding of power of attorney on behalf of Birender Basant Lal Katyal, Surinder Basantlal Katyal, Sumeet Birender Katyal, Mrs. Rita Birender Katyal and Karuna (Prem Lata) Surinder Katyal, who were owning 300 bighas of land in Karjat (Maharashtra). The petitioner entered into memorandum of understanding (MOU) on 05.07.2007 wherein Narender Kumar Mago was referred to as 'Owner' of first part and Khandelwal Builders Pvt. Ltd. i.e. the petitioner was referred to as 'Developers' of the second part. As per the MOU, the owner represented to the developers that they have already tied up and negotiated and/or are in process of tying or negotiating land of agriculture/barren/arid/cultivated/uncultivated irrigated or non -irrigated/with or without water resource/plain or mountainous, developed or undeveloped, outside the controlled area/municipal limit and therefore, are in position to offer around 1200 acres (one acre of 4840 yards) in the revenue estate of Karjat in the State of Maharashtra. Further it was agreed that owner shall form a company, to be called as 'Owner Company', under which they shall get the land registered and undertaking was given to get the land registered as under : -

(3.) AS per clause 9 of the MOU, it was agreed as under :