ANIKET GAUTAM Vs. STATE OF M P

JUDGEMENT

(1.) This petition u/s. 482 of the Cr.P.C. has been filed for quashing the proceedings pending before the Judicial Magistrate, First Class, Barwani in Cr. Case No. 963/2010 against the applicant.

(2.) Brief facts of the case are that on 19.7.2010, one Anil Rathore lodged a complaint stating that 7 persons viz. Budhsingh Gandhi, Gudayal Sing, Dilip Singh Sikarwar, Rameshwar Yadav, Abhijeet Upadhyaya, Purushottam and Aniket Gautam (present applicant) have incorporated a company in the name of M/s. New Madhuban Green Land Development Company Private Limited (hereinafter referred to as "the company"). They have promised that after development of land, they will sell the plot @ Rs.30/- per Sq.ft. and on such pretext, they have procured money from the complainant Anil and many other residents of Barwani. After procuring the substantial amount, said persons have not sold the plots and thus, they committed offence of cheating and criminal breach of trust. On this basis, Police Station Barwani registered a Crime No.216/2010 for the offence u/s. 406 and 420 of the IPC against six Directors of the company.

(3.) During investigation, one of the Directors viz. Ramkumar Goyal has made a representation that at the time of incorporation of the company on 20.7.1994, he was not the Director, whereas subsequently on 30.9.2004 he was appointed as Director of the company, therefore, he is not liable for the offence as he was not the Director of the company at the time of alleged offence. The representation was examined by the Sub Divisional Officer (Police), Barwani (SDOP) and vide report dated 11.11.2010 found that Ramkumar Goyal was actually appointed Director of the company on 30.9.2004 and, therefore, he is not responsible for the alleged offence of cheating and criminal breach of trust. Therefore, the final report was filed against 5 Directors excluding Ramkumar Goyal.