(1.) As the learned Advocates for both the parties submitted that the subject -matter of all the five revisions are same, so, by a common judgment, all the matters are taken up for disposal.
(2.) The application under Section 482 of the Code of Criminal Procedure, 1973 was lodged by the petitioner for quashing of proceedings in connection with the complaint case No. C - 26935/2011 pending before the learned Metropolitan Magistrate, 8th Court, Calcutta under Sections 418/420/406/120B IPC and the orders passed therein including the orders dated 16.1.11 and 22.1.11 respectively.
(3.) When the complainant asked explanation from accused No. 1 to 9, for the first time, they pleaded that they are merely marketing agent of accused nos. 10, 11 and 12. In 2011 the complainant learnt for the first time that either the entire or parts of land under "Prakiti" project has already been resold to third parties including one M/s. Sri Sri Developers who in turn have renamed the project as "Rich Valley" and reselling the plots to general public. The complainant asked explanation through Advocate's letter dt. 26.4.11 for refund of the money entrusted with the accused and make good loss for such dishonest acts. To utter surprise the accused persons vide letter dt. 27.6.2011 washed their hands of liability asking the complainant to take up the matter with either accused No. 10 or Sri Sri Developers. Thus, the company and the KMR States & Buildings Pvt. Ltd. and the Directors and Officers have committed offence under Sections 418/420/406 IPC read with Section 120B IPC. The petition of complaint, if taken notice of in its entirety and believed to be true does not make out the offence as alleged against the petitioner. The allegations are vague and omnibus. The alleged sale of land and execution of deed at sub -Registrar, Nalgonda, A.P. took place in 1994. The petitioner only became associated with the said company as non -executive Director on and from 28.3.2005 and by no stretch of imagination can be said to be liable for any act or omission committed before such date.