SUMIT GUPTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this single judgment, I shall dispose of CRM -M -6189 - 2013 and CRM -M -32705 -2013 filed for quashing of complaint No.231 of 2011 dated 26.7.2011, pending in the Court of Chief Judicial Magistrate, Gurgaon along with protest petition dated 23.7.2011 (Annexure P3) filed by the respondent no.2 -M/s Shiva Profins Private Limited in FIR No.279 dated 29.11.2010 under Sections 420, 463, 465, 468, 471, 120 -B IPC registered at Police Station Kherki Dhaula, District Gurgaon and the order dated 18.12.2012 (Annexure P5), passed by learned Chief Judicial Magistrate, Gurgaon, whereby the petitioners have been summoned to face trial under Sections 420, 463, 465, 468, 471, 120 -B IPC, along with the subsequent proceedings.

(2.) Facts are being extracted from CRM -M -6189 -2013. It is stated that M/s Fortune Land and Housing Private Limited, M/s Orris Infrastructure Private Limited, M/s Salmon Land and Housing Private Limited, Gurgaon are incorporated and registered under the Companies Act, 1956. Amit Gupta, Jagdish Parsad Gupta, Mamta Gupta, Vijay Gupta, Sohan Lal Mittal, Lalit Mittal, Saurabh Jain, Kusum Gupta, Sumit Gupta, Sanjay Gupta and Jitinder Singh are Directors, office bearers and authorized persons of the said companies and are incharge and responsible for the conduct of the business of the said companies. In February 2010, the said accused and the companies approached complainant M/s Shiva Profins Private Limited and represented that the said companies were absolute and lawful owners of land bearing Rect. No.10, Killa No.24/2 (3 -0), 25/1 (6 -12), Rect. No.11, Killa No.23 (4 -11), 4 (2 -10), Rect. No.14, Killa No.4 (8 -0), 5(7 -11), 6(8 -0), 7(8 -10), 16/1 (5 -6) and Rect. No.15, Killa Nos.3/2/2/2 (0 -4), 3/3 (1 -12), 4/1/1 (2 -4), situated in the revenue estate of village Badha, Tehsil Manesar, District Gurgaon. They offered to sell the aforesaid land to the complainant company and represented that said land is absolutely free from all types of loan, liens, defect, acquisition, encumbrances, litigation, mortgage and lease etc. and that the title of the company is absolutely clear. Believing the representation of the said persons to be correct, the complainant company purchased the said land along with other land vide registered sale deeds bearing Vasika No.1473 dated 18.2.2010, Vasika No.1474 dated 18.2.2010, Vasika No.185, 186 and 188 all dated 4.5.2010 respectively for the huge sale consideration recited therein. Lacs of rupees were spent for purchase of stamp papers and registration expenses. Crores of rupees were paid for purchasing the said land believing the representation of said Amit Gupta etc. to be correct.

(3.) Later on the complainant came to know that the said land had been notified for acquisition under Section 4 of the Land Acquisition Act, 1894 (in short, ' the Act') vide notification dated 11.2.2010, followed by Award No.5 dated 14.6.2010 announced by the Land Acquisition Officer, Gurgaon. They also came to know that even compensation for the said acquired land, including the part of the land purchased by the complainant has been received by the said persons, claiming themselves to be complete owners to receive crores of rupees. According to the complainant, M/s Fortune Land & Housing Private Limited and their Directors and officials namely, Amit Gupta etc. mentioned above had hatched a criminal conspiracy to defraud and cheat the purchaser company and deliberately made false representations that the land is free from all types of encumbrances and defects etc. and received huge amount from the complainant. They also received the huge amount as compensation from the office of the Land Acquisition Collector, Gurgaon with mala fide intention. They deliberately created forged fabricated and used false documents with a view to obtain wrongful gain and caused wrongful loss to the purchasers.