TEJAS SAGAR GHADIGAONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Application under Sec. 438 of Cr.P.C. filed by the aforesaid Applicants apprehending their arrest in C.R.No.29/2023 registered with Kankavali Police Station for offence punishable under Sec. 420 r/w. 34 of the Indian Penal Code.

(2.) Heard learned counsel for the Applicants, learned APP for the State and learned counsel for the Intervenor. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

(3.) The aforesaid crime was registered pursuant to the FIR lodged by Shamal Taldevkar. A perusal of the FIR reveals that the Applicants herein had displayed hoardings on the land at Village Janawli Baudhwadi near Mumbai-Goa expressway in the name of Amber Project giving details of the project launched by the Applicants. The Complainant contacted the Applicants and the employees working under the project informed the Complainant that they were constructing 28 bungalows in the said plot and that the foundation stone would be laid in October, 2021. They also assured that the construction would be completed and possession of the bungalows would be given within 18 months. The total cost of the bungalow was stated to be around 40 to 42 lakhs. They gave her the details and showed the photographs of the proposed construction and amenities which would be made available. They also informed the Complainant that they have completed the construction of V-Mall and assured that they would help her in getting housing loan. The Applicants told the Complainant that the booking charges are 40% of the total amount and the balance amount was to be paid on commencement of construction.