GOVIND M.S Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Section 482 Cr.P.C for quashing Annexure-A2 first information report (FIR) in Crime No.829/2016 of the Thrikkakkara police station.

(2.) The aforesaid case was registered under Sections 406 and 420 read with 34 I.P.C on the basis of Annexure-A1 complaint made by the second respondent (hereinafter referred to as 'the complainant') to the police.

(3.) The material averments in Annexure-A1 complaint can be stated as follows: The first accused is a public limited company. The third accused is the owner and the Managing Director of the first accused company. The complainant entered into an agreement with the first accused for purchasing apartment No.1306 in the apartment complex proposed to be constructed by the company. The complainant paid a total amount of Rs.32,00,000/- to the company. As per the agreement, the construction of the apartment had to be completed within ten months of the agreement executed in the year 2011. However, the accused failed to comply with the terms and conditions of the agreement and to complete the construction of the apartment within the stipulated period. A fresh agreement was executed on 10.09.2015 by the complainant and the accused. As per this agreement, the project had to be completed and possession of the apartment had to be handed over to the complainant on or before 31.07.2016. The chance of completing the construction of the project in the near future is very remote. The accused had dishonestly induced the complainant to part with money and they have made unjust enrichment. The Chairman, Managing Director/owner and other accused have colluded and conspired together to cheat the complainant by misappropriating the funds obtained in the name of the company.