SANJEEV KUMAR JAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Santosh Kumar Tripathi, learned counsel for the applicants, Shri Shashidhar Pandey, learned AGA for the State respondents, Shri Vimlendu Tripathi along with Sri Deepesh Kumar and Sri Prashant Tripathi, learned counsel for opposite party no.2 and perused the record.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed with the prayer to quash/set-aside the further proceedings as well as the order dtd. 6/7/2016 passed by the Additional Chief Judicial Magistrate-3rd, District Ghaziabad in complaint case no.4523 of 2015 under Ss. 420, 467, 468, 471 and 120-B IPC and also the order dtd. 28/9/2016 passed by the Additional Sessions Judge, Court No.15, District Ghaziabad in Criminal Revision No.169 of 2016.

(3.) The opposite party no.2 is the Managing Director of a Company known as M/s Devidyal Aluminium Industries Pvt. Ltd. (earlier known as "Hindustan Chains Pvt. Ltd."), which had entered into an agreement with M/s Parsvnath Developers Limited (PDL) and M/s Parsvnath Buildwell Private Limited (PBPL) for constructing residential flats on the land which belonged to opposite party no.2. The agreement was executed between the parties, which had terms and conditions enumerated in it. It is alleged that the applicant no.1, Sanjeev Kumar Jain was the Managing Director and Authorized Signatory, applicant no.2, Pradeep Jain was the Chairman and applicant no.3, Sandeed Jain was the director of M/s Parsvnath Developers Limited. The day-to-day functioning of M/s Parsvnath Developers Limited was carried out by Shri Sanjeev Kumar Jain and Shri Pawan Gupta as as they were the responsible persons for day to day functioning of the builder Companies (PDL & PBPL).