MANISH KUMAR AGARWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant petition is preferred for quashing of ChargeSheet No. 117 of 2018 dated 29.08.2018, in Case Crime No. 217 of 2018, under Sections 406, 420 and 506 IPC, Police Station Kotwali-Bahadrabad, District Haridwar and also to quash the entire criminal proceedings of Criminal Case No. 17 of 2019, State Vs. Manish Kumar Aggarwal and others, pending in the court of learned Judicial Magistrate IInd Haridwar (for short "the case")

(2.) Heard learned counsel for the parties through video conferencing.

(3.) The case is based on an FIR lodged on 17.10.2017 by the respondent no.3, the informant. According to it, the informant is an old and senior citizen. He saw an advertisement, on Aastha T.V. channel of Eminent Infra Developers Private Limited, about it's a project of Arogyam Group Housing Project near Patanjali Yogpeeth Haridwar. He spoke to the petitioners, who showed him a brochure and assured him that they are developing residential and commercial flats, after proper approval. They also assured that any person, who books the flat would get 12% assured return. Believing the statements given by the petitioners as true, the informant booked a flat in his and his daughter's name and in all paid Rs.16.75 lakh. But, according to the FIR, neither possession of the flat was given to the informant nor was he paid any 12% amount as assured by the petitioners. When contacted, it was revealed that the petitioners had no due permissions. Further, when request was made to the petitioners, they did not pay the money and threatened the informant. It is this FIR, in which, after investigation charge-sheet has been submitted against the petitioners. Cognizance taken and the petitioners have been summoned, but they are not appearing in the case.