SHABBIRUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application by petitioners has been filed for quashing the order dated 2.9.2002 passed by the Court of Shri Ashok Kumar Singh, Judicial Magistrate, Patna in Trial No. 1571 of 2002 arising out of Complaint Case No. 1377 (C) of 2002 whereby cognizance has been taken against the petitioners alongwith others for offence under Sections 406, 420 and 120-B of Indian Penal Code (In short "IPC").

(2.) The brief facts of the matter are that Rajendra Prasad, opposite party No. 2 filed Complaint Case No. 1377 (C) of 2002 in the Court of Chief Judicial Magistrate, Patna against the petitioners, M/s. Addisons Constructions Company Private Limited Ashok Kumar Singh said to be one of the Directors of M/s Addisons Constructions Company Private Limited and others under Sections 403,467, 468, 469, 420, 500, 504, 209 and 120-B read with Section 34 of the IPC alleging therein that Ashok Kumar Singh approached the complainant for giving complainant's land for development and to construct a multi-storeyed residential-cum- commercial complex on the land to which complainant agreed and the terms and conditions which were settled between them along with other conditions included that out of the built-up area of multi-storeyed building, the complainant would get 45% of the share and developer would get remaining 55% and the project would be completed within a period of two years from the date of agreement and time was essence of contract and developer was to get a grace period of six months more to complete the project on payment of Rs. 25,000/- per month to the complainant and one of the conditions was that if the project was not completed in time in terms of the agreement, the developer shall have no right in the project which will vest in the landlord. The further allegation of complainant was that project could not be completed in time and on the expiry of the time, agreement came to an end and developer lost all rights on the project and complainant served a lawyer's notice upon Ashok Kumar Singh and M/s. Addisons Constructions Company Private Limited but the developer created forged sale deeds at Patna in respect of built-up project in favour of the petitioners and others and got those sale deeds registered in Mumbai. According to the complainant, petitioners and other co-accused persons, in connivance with co-accused Ashok Singh, brought these sale deeds in existence in order to grab the property of complainant fully knowing that developer had no right to the property because the project was not completed in time and agreement, which was arrived at between complainant and developer, was not existing at the time of execution of sale deeds,

(3.) The case of the petitioners is that they are not in any way related either to co-accused Ashok Singh or M/s. Addisons Constructions Company Private Limited and they are simply vendees and they purchased the property against valid payment of Rs. 1,70,000/- which they paid by cheque to M/s. Addisons Constructions Company Private Limited. Their further case is that the complain petition itself shows that dispute is between the complainant and M/s. Addisons Constructions Company Private Limited.