CHANDAN SRIVASTAVA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The present Application has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Criminal Case No.1953 of 2021, "State vs. Chandan Srivastava", pending before the court of Additional Chief Judicial Magistrate, Roorkee, District Haridwar under Ss. 420, 467, 468 and Sec. 471 of the Indian Penal Code, 1860.

(2.) Heard Mr. Shailabh Pandey, learned counsel for the applicant-accused, Mr. Akshay Latwal, learned Assistant Government Advocate for the respondent nos. 1 to 3 and Mr. Vikas Bahuguna, learned counsel for the respondent no.4/informant-victim.

(3.) According to the First Information Report dtd. 5/1/2020, the applicant is the Managing Director of M/S Ishaan Infrastates India Pvt. Ltd., a Real Estate Company. The informant had booked a plot for Rs.54,09,850.00(Rupees Fifty Four Lakh Nine Thousand Eight Hundred Fifty) and paid Rs.8,00,000.00(Rupees Eight Lakh) but the flat has not been constructed for the informant. His money has been embezzled.