RAJESH MALIK Vs. STATE OF U P

JUDGEMENT

(1.) Supplementary affidavit filed on behalf of applicants as well as power filed today by Shri Ajatshatru Pandey, Advocate on behalf of opposite party no.2 are taken on record.

(2.) The applicants Rajesh Malik and Randeep Waraich have invoked inherent jurisdiction of this Court u/s 482 of Cr.P.C. for quashing of impugned charge sheet dated 03.9.2018, cognizance order dated 08.10.2018 passed by the Chief Judicial Magistrate, Gautam Budh Nagar as well as entire proceedings in Criminal Case No.2009 of 2019 (State vs. Rajesh Malik and others) arising out of Case Crime No.1201 of 2018, u/s 406, 420, 467, 468, 471 and 34 I.P.C., Police Station-Sector 20 Noida, District-Gautam Budh Nagar.

(3.) In nutshell the controversy involved in the present matter is that opposite party no.2 Amit Gupta along with Sanjay Rastogi, Paramjit Gandhi and PTC Mouldings Pvt. Ltd. lodged an F.I.R. dated 22.7.2018 against Rajesh Malik, Randeep Waraich and M/s Cornoustie Management (India) Pvt. Ltd. with the allegations of cheating forgery and fraud and conspiracy by stating that the accused persons have cheated them for an amount of almost Rs.5,36,89,000/- (Five crore thirty six lakh eighty nine thousand only) by dishonestly enticing and selling them (complainants) non-existent plots in Noida. It has been alleged in the F.I.R. that in the year 2011-12, Rajesh Malik and Randeep Waraich represented themselves to be the Director of M/s Cornoustie Management (India) Pvt. Ltd. It was made to appear by these persons that Cornoustie was the sole legal heir of several plots/land in Sectors-96, 97 and 98 in Noida which were being developed by a company known as Unitech Group as a part of its large project known as Unitech Grande. These persons further made to appear that they received these plots from Unitech for valid consideration and were therefore in position to further sell those plots to third parties. It was further made to appear to the complainants that Unitech Hi Tech Developers Ltd. had allotted several plots to Carnoustie including plot Nos.D3, D4, D5, D6 and D7 in Sectors 96, 97 and 98 in Noida, in respect of which the site plans were shown to the complainants by pointing out the location of the plots, on the basis of which the complainants found these plots to be contiguous and well situated. It has also been alleged in the F.I.R. that in order to deceive the complainants, the accused Rajesh Malik and Randeep Waraich made continuous representations to make the complainants believe that they were the sole owners of these plots and would enter into formal documentation to transfer ownership to the successful purchasers. Upon such fraudulent and dishonest representation of facts, the complainants made payments of huge amounts on different dates by way of cheque/RTGS, total of which comes to the tune of Rs.9,14,78,000/-. The F.I.R. further discloses the amount, date and mode of total 13 different payments made in the year 2012 and 2013 through bank transactions. It is further alleged in the F.I.R. that Sanjay Rastogi purchased two plots being D6 and D7 and the seller signed one agreement for plot No.D7 but dillydallied signing of another agreement for plot No.D6. It has been further alleged in the F.I.R. that M/s Cornoustie Management (India) Pvt. Ltd. with a dishonest intention to perpetuate fraud and cause loss to the complainant, executed as many as seven documents in the form of agreement to sale, irrevocable letter of authority, indemnity/undertaking, allotment letter etc. in favour of Amit Gupta and Sanjay Rastogi. It has been further submitted that the complainants have now learnt that the representations and claims of these persons were not only false but were false to the knowledge of Rajesh Malik and Randeep Waraich at the time of making these representations and claims and hence, the object of cheating is clear. It is further alleged in the F.I.R. that these persons began to delay the identification of plots and completing the documentation in favour of complainants on one pretext or other and ultimately refused to complete the allocation process and to give possession of these plots to the representative complainants. It is further alleged that accused persons began stating that they were having talks with Unitech for early release of plots, despite representing themselves as sole owner at the initial stage of negotiations in the year 2011-12. It is further alleged that the complainants apprehended that there was some collusion with the accused persons and the Unitech Company and as such, when the complainants started asking for refund of their hard earned money along with interest together with compensation, from the accused persons, they started avoiding their calls, and in the year 2017 Rajesh Malik refused to return money and threatened the complainants that he would in turn embroil them and their families into false cases and legal prosecutions. The present F.I.R. dated 22.7.2018 containing the aforesaid allegations was registered as Case Crime no.1201 of 2018 u/s 406, 409, 417, 419, 420, 467, 468, 471, 474, 34 and 120-B I.P.C. at Police Station-Noida, Sector-20, District-Gautam Budh Nagar.