VIJAY DIXIT Vs. STATE

JUDGEMENT

(1.) By the present petition the petitioner seeks bail in case FIR No. 82/2011 for offences punishable under Sections 409/420/120B Penal Code at PS Economic Offences Wing, Delhi on the complaint of Lt. Col. Surinder Pal Singh Aurora.

(2.) The allegations in the complaint against the petitioner and his wife, who were the promoters of M/s. Senior Mall having its registered office at 1/1, Shanti Niketan, New Delhi and other unknown persons were that both Vijay Dixit and Kalpana Dixit representing themselves to be promoters of M/s. Senior Builders Limited offered lucrative schemes for the purpose of investment in their Shopping Mall namely Senior Mall, Sector-32, Noida, U.P. They further assured the credibility of the company, its sound economic condition and good reputation. They represented that the company had entered into a collaboration agreement for developing a multiplex-cum-shopping complex on the land bearing Plot No.BW-55, Sector-32, City Centre, Noida, U.P. admeasuring 4332 sq. mtrs. allotted to M/s. MMT Amusement Park Pvt. Ltd. and that the construction of the Shopping Mall would be completed before 31st March, 2006. Pursuant to the representation of the petitioner and his wife, the complainant entered into a Builder-Buyer Agreement on 3rd Oct., 2005 as per which he was allotted space No.F-11 on the first floor of Multiplex-cum-shopping complex admeasuring approximately 913.12 sq. ft. for a total consideration of Rs. 30 lakhs which was paid in instalments as desired by the accused persons.

(3.) A letter dated 31st Oct., 2008 was sent stating that the Mall was ready for fit outs and the complainant should take possession of the shop within ten days. On personally visiting the site, the complainant found that the Mall was not ready for possession and lot of finishing work was yet to be completed. The complainant met number of other investors who had also paid the amount and had not been allotted the possession of the allotted space.