TDI INFRATECH LIMITED Vs. GOVERNMENT OF NCT

JUDGEMENT

(1.) The instant writ petition under Article 226/227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC") [now Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS")] has been filed on behalf of the petitioner seeking quashing of the FIR no. 57/2020, dtd. 28/7/2020, under Sec. 406/420 of the Indian Penal Code, 1860 (hereinafter "IPC"), registered at Police Station - Barakhamba Road, New Delhi.

(2.) The brief facts that led to the filing of the present petition, as per the FIR, are that the petitioner company is a real estate developer. In the year 2006, respondent no. 2 approached the petitioner-company to invest in the real estate market. Respondent no. 2 registered himself for allotment of a commercial plot admeasuring 204 sq. yards in one of the future projects yet to be developed by the petitioner-company.

(3.) It is alleged that the location of the project was yet to be disclosed by the petitioner-company. Pursuant to the same, respondent no. 2 deposited a sum of Rs.8,00,000.00 vide cheque dtd. 13/4/2006 as the initial booking amount as per the payment schedule. In the meanwhile, the petitioner-company, vide a letter dtd. 13/1/2009, informed respondent no. 2 that he has been allotted a commercial plot in the project namely "TDI CITY", in Mohali, Punjab. However, it is alleged that at the time of booking, the petitioner-company and its officials never mentioned that the project shall be at Mohali, Punjab. Thereafter, certain other payments were made by respondent no. 2 totaling to a sum of Rs.22,47,264.00.