KALPANA KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present application has been filed for quashing the order dtd. 24/2/2020 passed in Rajiv Nagar PS Case No. 222 of 2015 by the learned court of Additional Chief Judicial Magistrate XI, Civil Court, Patna whereby and whereunder learned court below has been pleased to reject the discharge petition filed by the petitioners under Sec. 239 of the Code of Criminal Procedure.

(2.) The prosecution case in brief is that informant/complainant Smt. Alka Verma had filed a complaint petition bearing No. 2881(C) of 2015 with a prayer to refer the matter under Sec. 156(3) of the Code of Criminal Procedure to the Rajiv Nagar Police Station for institution of FIR and accordingly, FIR was lodged against the petitioners. The complainant in her complaint petition alleged that accused persons are the Director and Managing Director of the company M/s Neelkantha Solution Pvt. Ltd. and Others which had entered into a development agreement on 5/10/2012 with the landlord namely, Nirmala Devi for construction of a multi-storied apartment.

(3.) It is further alleged that all the accused persons had assured the complainant that he would construct the flat within three years. It is further alleged that upon the assurance of the accused persons the complainant had entered into an agreement for sale dtd. 3/12/2013 for Flat No. 106 consisting of an area of 1110 sq. ft. including one car parking space bearing Parking space no. 5 for the price of Rs.24,59,000.00 and also made an advance payment of Rs.3,50,000.00 at the time of execution of the said agreement for sale dtd. 3/12/2013.