MARIA RAMESH Vs. STATE

JUDGEMENT

(1.) These Writ Petitions have been filed to quash the FIR in Crime No.218 of 2020 on the file of the second respondent registered for the offences punishable under Ss. 406, 420 and 120B of IPC as against the petitioners.

(2.) The petitioners in both Writ Petitions are arrayed as accused in Crime No.218 of 2020 on the file of the second respondent registered for the offences under Ss. 406, 420, 120B of I.P.C., as A1, A2 and A7. The respondents 3 and 4 are complainants lodged complaint before the second respondent alleging that the accused persons assured them that the project viz., USHERA situated at Kancheepuram, Chennai, is well funded by M/s. Call Express Construction (India) Private Limited for which, a promotional event was organized at Maurya Sheraton Hotel, New Delhi on 27/2/2015. In that promotional event, the complainants were induced and misrepresented regarding the project called USHERA. Therefore, the complainants handed over post dated cheques to the accused persons.

(3.) As per the sale and construction agreements, the project has to be completed within three years from the date of signing of the construction agreement i.e., 5/6/2015. Further alleged that one of the accused traveled to New Delhi to met with victims and got signed the loan application forms as well as the construction agreements. However, the construction of the said project was stopped in the year 2017 and the accused persons failed to handed over the flats. All the accused persons connived together misappropriated the amount which was invested by the complainant as follows :- <FRM>JUDGEMENT_165_LAWS(MAD)8_2022_1.html</FRM>