ANIL KRISHNARAO DESHPANDE Vs. SHWETA VAIBHAV SANT

JUDGEMENT

(1.) Heard learned counsel for the applicants in both the applications. Admit. Learned counsel Mr. A.A.Bansod appearing on behalf of Respondent Nos. 1 to 4, Mr. R.M. Patwardhan, learned counsel appearing on behalf of Respondent No.5 and learned APP appearing on behalf of the Respondent No.6 - State waive notice.

(2.) These two applications have been filed by the same applicant and he is aggrieved by the concurrent orders passed by the Judicial Magistrate, First Class, Nagpur and the Court of Additional Sessions Judge, at Nagpur. The applicant had filed applications under Section 156(3) of Code of Criminal Procedure (Cr.P.C.) against the respondents herein for registration of offences under Section 420 r/w Section 120B of the Indian Penal Code (I.P.C.) in one application and under Sections 420, 406 r/w Section 120B of I.P.C. in the other application. The two Courts have held against the applicant on the grounds, firstly, that the grievance of the applicant is of civil nature and no criminal proceedings could be initiated and secondly, the proceedings could not have been initiated at Nagpur.

(3.) The grievance of the applicant in Criminal Application (APL) No. 1353/2019 is that, a partnership firm namely Riddhimaan Buildcon Company, of which the applicant is the partner, had entered into a development agreement with the respondents herein. It was the grievance of the applicant that despite payment of amount to the tune of Rs.80 lakhs to the respondents, they failed to abide by specific obligations stated in the development agreement. It was the case of the applicant that the respondents did this act of cheating intentionally and that, they intended to deceive the applicant, right from the beginning.