KESHAV UPADHYAY Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been filed for quashing the FIR at Crime No.683/2015 registered by Police Station Morar, District Gwalior for offences punishable under Sections 420, 467, 468, 471 and 34 of IPC.

(2.) The prosecution story in short is that the applicant is an employee of M/s Assotech C.P. Infrastructure Pvt. Ltd. and is serving as Manager and he has to perform his duty as per the directions given by the superior authority. M/s Assotech C.P. Infrastructure Pvt. Ltd. is a Private Limited Company engaged in the business of construction of housing duplexes in the name of Windsor Hills in City Gwalior. Villa No.A-4 was allotted to the respondents No.2 & 3 by the company vide allotment letter dt.8.11.2011 for consideration of Rs.1,06,60,000/-. At the time of allotment, the terms and conditions in detail were also agreed upon between the parties. Respondents No.2 and 3 were under obligation to make payment of price money of the Villa as per the installments fixed in the allotment letter, however, they failed to honor their part of contract. Respondents No.2 and 3 obtained home loan facility from Diwan Housing Finance Ltd. and a tripartite agreement was entered into between M/s M/s Assotech C.P. Infrastructure Pvt. Ltd., respondents No.2 and 3 and Diwan Housing Finance Ltd. and as per the condition of tripartite agreement, Diwan Housing Finance Ltd. was to reimburse the installment in favour of the company after the margin money was deposited by the complainants/ respondents No.2 and 3 as well as the written consent is given by them. In spite of availing the loan facility, respondents No.2 and 3 did not make the payment of installments and therefore various reminders were sent to them. Under these circumstances, M/s Assotech C.P. Infrastructure Pvt. Ltd. invoked Clause 13 of the terms and conditions of the allotment letter and cancelled the allotment. It is further submitted that the complainants/ respondents No.2 and 3 have filed a civil suit and thereafter on the basis of false and concocted allegations, a complaint was lodged in the police station against the applicant. It was alleged in the complaint that in spite of payment of Rs.14 lakh to the applicant and in total Rs.62 lakh to M/s Assotech C.P. Infrastructure Pvt. Ltd., the company is going to allot/sell the aforesaid duplex to somebody else. On the basis of these allegations the police registered the offence.

(3.) It is submitted by the counsel for the applicant that if the entire allegations as mentioned in the application are taken on their face value, then it would be clear that it is a case which can be said to be predominantly of civil in nature. The dispute between the parties is about nonpayment of timely installments by the complainants/ respondents No.2 and 3 and if M/s Assotech C.P. Infrastructure Pvt. Ltd. had invoked Clause 13 of the terms and conditions of allotment letter, then it can not be said that any criminal offence has been committed by the applicant. To buttress his contention, counsel for the applicant has relied upon the judgment of the Supreme Court in the case of Amit Kapoor Vs. Ramesh Chander, 2012 9 SCC 460.