RAVI KIRAN Vs. STATE

JUDGEMENT

(1.) BY this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') the petitioner seeks quashing of final report dated 15.2.2012 submitted by the investigating agency in case FIR No.20/2012 under Section 420/120B IPC registered at P.S. Baramkhamba Road, New Delhi.

(2.) IN nutshell the facts of the case are that the petitioner lodged a complaint under Section 200 of Cr.P.C. seeking directions to the police for registration of FIR. The Metropolitan Magistrate directed the SHO, P.S. Barakhamba Road to file Action Taken Report. On 15.2.2012 FIR under Section 420 read with Section 120B IPC was registered. The case of the petitioner/ complainant is that the prospective accused No.2, Mr. K.N. Shukla is one of the directors of accused No.1 company, namely Vishnurupa Developers Pvt. Ltd. and is responsible for day to day affairs and business of the said company. Prospective accused No.3 Mr. Vishesh Rastogi is the Manager and authorised signatory of the said company. Mr. Vijay Taneja, Sachin Bidhuri, Vinod Chopra, Sharad Taneja, Ramesh Arora and Rajiv Arora are well known to the complainant as they are doing the business of real estate. They approached the petitioner and told him that they are having very good relations with Mr. K.N. Shukla and Vishesh Rastogi of M/s Vishnurupa Developers Pvt. Ltd., who owns a very prime piece of land of more than 200 acres at G.T. Road, Amritsar, Punjab.

(3.) MR . Vijay, Sharad, Sachin and Vinod in furtherance of their conspiracy, in presence of the complainant issued cheque No.019801 dated 17.6.2011 amounting to Rs. 1 crore (Rupees one crore) and told the complainant that this cheque was in lieu of the said cheque and has been issued in lieu of one -third share of the total amount of Rs.3.00 crores (Rupees three crores). The complainant paid amount on different dates as per receipts issued by Mr.Vishesh Rustogi, authorised signatory of M/s Vishnurupa Developers Pvt. Ltd. The cheque bearing No.057822 dated 16.6.2011 for Rs.25.00 lakhs issued by complainant was not encashed on account of difference in signatures and in lieu thereof the complainant/petitioner transferred the said amount by way of RTGS in favour of M/s Vishnurupa Developers Pvt. Ltd. Later on, the complainant came to know that the cheque for Rs.1.00 crore which was issued by SVS Infra Build Pvt. Ltd. was never produced for encashment by accused No.1 company. The complainant also alleged that all the accused persons assured the complainant that after receipt of the total amount of Rs.3.00 crores (Rupees three crores), they will execute an agreement to sell and GPA in favour of the complainant and thereafter, further amount shall be paid after 30 days of the signing of the agreement. After 24.6.2011 the complainant asked the proposed accused Vijay, Vinod, Sachin, Sharad to get the agreement executed in his favour and they assured that the agreement would be executed very soon. In the first week of November, 2011 the complainant came to know through Mr. Ramesh Arora, Gurjit Aujla and Rajeev Kumar, who are partners/directors of M/s New Hope Developers that they have already executed an agreement to sell dated 28.6.2011 with M/s Vishnurupa Developers Pvt. Ltd. in favour of their company M/s New Hope Developers. The directors warned the complainant that they have agreement with accused No.1 company and if the complainant would take any action against the directors and authorised signatories of M/s Vishnurupa Developers Pvt. Ltd. or partners of M/s SVS Infra Build Pvt. Ltd., the complainant has to face serious consequences. The complainant has also alleged that on