MANOJ SHRIVASTAVA Vs. STATE OF MP & ANR

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This application under Section 482 of Cr.P.C. has been filed for quashing the F.I.R. in crime no. 27/2017 registered at Police Station Sirol, Distt. Gwalior for offence under Sections 420, 467, 409 and 120-B of I.P.C. read with Section 166, 188-B of Companies Act, as well as for quashing the criminal proceedings in S.T. No.437/2017, which are pending before the Court of 9th Additional Sessions Judge, Gwalior.

(3.) The necessary facts for the disposal of the present application in short are that the complainant Rajiv Shrivastava lodged a report that Assotec C.P. Infrastructure Pvt. Limited started a project in the name and style of Windsor Hills in Gwalior and a residential township was to be constructed. The applicant was given the charge of looking after the residential township in which Flats, Villas, Shops etc. were to be constructed. It was alleged that the applicant, in connivance of the co-accused P.K. Shrivastava, Mukesh, Dilip, Ankit Ranjan, Anand Shrivastava, and Sidharth Shrivastava, sold 36 Flats and shops and did not deposit the consideration amount in the account of the company. It was alleged the flats and shops were sold in favour of the co-accused persons at a much lower price than the scheduled price, who in their turn, sold the flats and shops to the bona fide purchasers at a higher price and thus, played fraud with the Company, and the actual consideration amount was misappropriated by the applicant, his wife, daughter Aishwarya by depositing the same in their bank accounts. The fraudulent transactions done by the applicant and the co-accused persons for misappropriating the funds of the Company were also mentioned in detail in the F.I.R.