(1.) The present petition has been filed by the petitioner challenging the order dtd. 2/4/2024 (Annexure P-21) passed by the learned trial Court, whereby the application filed under Sec. 173 (8) of the Cr.P.C. in FIR No.109 dtd. 3/3/2022 under Ss. 120-B, 406, 420, 447, 467, 468 and 471 of the IPC registered at Police Station City Sohna Gurugram, seeking further investigation into the matter was treated as a protest petition and the prayer for further investigation was declined.
(2.) The case concerns a Collaboration Agreement dtd. 11/6/2013 executed between the petitioner and respondent Nos.1 to 5, wherein petitioner, being the owner of approximately 6.85625 acres of land, agreed to collaborate with respondent No.3, M/s HCBS Promoters and Developers Private Limited (for short HCBS'), for the development of an affordable Group Housing Colony.
(3.) In pursuance of the Collaboration Agreement, the parties executed an Escrow Agreement dtd. 2/2/2015 with YES Bank, stipulating that all funds related to the project would be received exclusively in Escrow Account No.000280200000419. Additionally, a power of attorney dtd. 12/11/2013 was executed by the petitioner in favour of respondent No.4, Bhupinder Singh, his son and any authorized representative of respondent No.3 HCBS. The scope of the power of attorney was restricted to obtaining permissions such as: