NAMIT JASWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is challenging the dismissal of his protest petition by the learned Additional Chief Judicial Magistrate, Gurugram, vide order dtd. 13/4/2023 (Annexure P-1) and the rejection of his revision petition by the Revisional Court vide order dtd. 25/1/2024 (Annexure P-2), raising substantial legal and procedural questions. It is contended by the learned counsel for the petitioner that both the Courts below failed to appreciate the factual matrix and mischaracterized a grave financial misappropriation- concerning over 20 crores of the Rs, security deposits of the residents-as a mere civil dispute.

(2.) It is the case of the petitioner that he, along with six other resident owners of Ireo Victory Valley, a Group Housing Society located in Sector 67, Gurugram, had instituted a complaint under Sec. 200 of The Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') along with an application under Sec. 156(3) of the Cr.P.C. before the learned JMIC, Gurugram. The complaint was directed against Ireo Victory Valley Pvt. Ltd. (hereinafter referred to as 'respondent-company'), its associate entities, and other key management personnel arrayed as respondent Nos.3 to 14, alleging embezzlement and misappropriation of public funds.

(3.) As per the complaint, the respondent-company and its management systematically siphoned off approximately 20 crores Rs, collected from resident-owners towards Replacement Fund Maintenance Security (RFMS) corpus. The complainants asserted that such conduct amounted to criminal breach of trust and cheating.