VIJAYKUMAR DEVRAJ MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.156 of 2022 registered with Chandannagar Police Station for offences punishable under Sec. 409, 419, 420, 464, 467, 468, 471 read with Sec. 120-B of the Indian Penal Code, 1860, the applicant is seeking relief under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) The informant Maharashtra Housing and Area Development Authority (hereafter, MHADA, for short) lodged a complaint with respondent police station alleging that plot bearing Survey No.37/1/1 at Maujegaon Kharadi, Taluka Haveli, District Pune aggregating 12778.37 sq. mtrs. was allotted in favour of 220 plot holders by a lease deed. The plot holders registered Vishwakarma Vidi Kamgar Cooperative Society over the said plot. The managing committee of the cooperative society entered into development agreement with M/s Amba Land Mark Pvt. Ltd. of which the applicant is a director. According to the complainant, M/s Amba Land Mark Pvt. Ltd. entered into joint venture agreement with Austin Realty without taking permission from MHADA. The joint venture of M/s Amba Land Mark Pvt. Ltd. and Austin Realty used MHADA's name and logo with an intention to dispose of MHADA's property in favour of third parties and, therefore, have cheated MHADA by committing breach of trust.

(3.) The applicant, therefore, approached the Sessions Judge under Sec. 438 of the Criminal Procedure Code, 1973, which has been rejected by order dtd. 3/6/2022. Learned Sessions Judge rejected the application principally on the ground that the applicant has committed acts which are contrary to lease agreement executed by MHADA in favour of Vishwakarma Vidi Kamgar Cooperative Society.