PRADEEP BHUPATRAI VASA Vs. BOMBAY BUILDERS PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner herein Pradeep Bhupatrai Vasa has filed this Criminal Revision Application impugning the Order dated 29-3-1984 passed by the learned Additional Chief Metropolitan Magistrate, 40th Court, Girgaum, Bombay, whereunder the learned Additional Chief Metropolitan Magistrate was pleased to discharge the accused.

(2.) Respondent No. 1 is a Private Limited Company carrying on business as Builders and Promoters of Co-operative Societies and building. Respondent No. 1 Company carried on the business of construction and sale of residential flats on ownership basis under the Maharashtra Ownership Flats (Regulation of Promotion, Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as "the Ownership Flats Act"). Respondent Nos. 2 to 7 were the Directors of respondent No. 1 Company at all relevant times and were incharge of and responsible for the management of respondent No. 1 Company.

(3.) By an agreement dated 23-6-1978 between respondent No. 1 and the petitioner, respondent No. 1 agreed to sell to the petitioner on ownership basis a flat, being Flat No. 114, on the 11th Flour of a building known as "Mahendra Towers" to be constructed by the respondents at Bomanaji Petit Road, Bombay, together with a covered car parking space, for the total price of Rs. 2,17,500/-. On 20-4-1978, the petitioner paid to the respondents a sum of Rs. 25,000/- as earnest money. Between 19-7-1978 and 26-9-1979, the petitioner paid an aggregate amount of Rs. 2,00,100/- to respondent Nos. 1 to 7, inclusive of the earnest money of Rs. 25000/-. The said payments were made by cheques and were received as the purchase price of the said flat and the car parking space. According to the petitioner, only a sum of Rs. 17,400/- remained to be paid.