MANISH MOTWANI Vs. LACK LAND BUILDING AND DEVELOPERS

JUDGEMENT

(1.) All these petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973 arising out of Crime No.106/2015 registered at Police Station, Gandhi Nagar, Bhopal against all the applicants at the instance of respondent- Wasiq Hussain for the offence punishable under Sections 420, 406 of IPC at Police Station, Gandhi Nagar, Distt. Bhopal, therefore, all these petitions are being decided by this common order.

(2.) Facts giving rise to all these petitions, in short, are that M/s Lakshya Realities Pvt. Ltd. whose directors are Manish Motwani and Manish Verma and one of them Manish Motwani is the applicant in M.Cr.C. No.13049/2017 and Lack Land Building & Developers whose partner Wasiq Hussain entered into a joint venture agreement. M/s Lakshya Realities Pvt. Limited was the owner of the land as mentioned in the agreement (Annexure-A/2) and Lack Land Building and Developers has to develop those lands and also constructed a colony and buildings over the said land. There was an agreement of profit and other expenses mentioned in the joint venture agreement as terms and conditions. This agreement was executed between the parties on 06/01/2014, however, later on applicantManish Motwani (M.Cr.C. No.13049/2017), partner of M/s Lakshya Realities Pvt. Limited in collusion with applicants-Ratan Kumar Aswani, Laxman Janiyani, Gaurav Aswani (M.Cr.C. No.41109/2018 & M.Cr.C. No.40763/2018), partners of R-Group firms entered into a sale agreement of the same land which was mentioned in the joint venture agreement (AnnexureA/2) without consent of the Lack Land Building & Developers.

(3.) Applicant-Manish Motwani received Rs.2.25 crores as sale consideration. The possession was with respondent-Lack Land Building and Developers. Later on when respondent-Lack Land Building and Developers came to know about this sale deed filed a civil suit and parallel to that civil suit also filed a criminal complaint against applicants-Manish Motwani, Laxman Janiyani, Ratan Kumar Aswani, Gaurav Aswani before Police Station, Gandhi Nagar, Bhopal for the offence punishable under Sections 420 and 406 of IPC and after investigation filed charge sheet against all the applicants before the Court of JMFC registered as RCT No.5423/2018