VIVEK CHORDIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition has been filed under Section 482, Cr.P.C. for quashing of the FIR No. 147/2004 and FIR No. 327/2008 registered at Police Station, Shyam Nagar, Jaipur. Brief facts of the case are that FIR No. 147/2004 has been filed against the present petitioner registered at Police Station, Shyam Nagar, Jaipur for the offence under Section 406, IPC alleging that the petitioner is the Director of M/s. Chordia Buildcon Pvt. Ltd. And the said company is a proprietor of a firm M/s. United Township Corporation, Jaipur. The firm is engaged in the business of developing mini-township schemes. The complainant initially took a residential plot in the scheme and for which an amount of Rs. 50,000/- was paid. The complainant was required to make the entire payment as per the agreed time table but he failed to make such payment and as such the allotment letter could not be given to him as per the policy of the firm prevailing at that time. Inspite of this, provisional allotment letter was given to him for plot No. F. 62. When FIR has been filed, the matter has been amicably negotiated between the parties and in lieu of previously booked plot, further cheques have been given to the present petitioner against a new plot bearing No. C. 108 and it was agreed by the petitioner to allot plot No. C-108 to the complainant and confirmation has also been made on 21.6.2004. Thereafter the complainant filed a letter dated 21.6.2004 before the Police Station Shyam Nagar, Jaipur and conveyed that he has received the provisional allotment letter and had paid the cheques and he does not want any further action in the matter. Thereafter, the police filed a negative report in the concerned court declaring the matter to be of civil nature.

(2.) The further contention of the present petitioner is that map in which plot No. C-108 was situated, has not been approved by the Jaipur Development Authority. Then the petitioner made an alternative offer to the complainant for allotment of plot in the land for which the map has been approved by the Jaipur Development Authority on the same rate which was agreed to be paid by him in the year 2002. This proposal was sent to the complainant through counsel. The complainant could not convey the acceptance of this offer. Then the petitioner was compelled to pay the entire amount deposited by the complainant with interest @ 9%. The above amount was returned under a registered post and the same was duly delivered to the complainant. The cheque is still in possession of the complainant. Thereafter, a protest petition has been filed against the final report which was submitted in FIR No. 147/2004 and the matter is still pending with the concerned court for recording of statement under Section 200 Cr.P.C. Meanwhile, the complainant has also filed FIR No. 327/2008 regarding the same incident on which FR has also been filed in the competent court. A letter was submitted by the Police Station, Shyam Nagar, Jaipur in the concerned court that on some points, they want to reopen investigation in FIR No. 147/2004 in which protest petitioner was pending and negative report was already filed in favour of the present petitioner and the file of the final report has been given for reinvestigation. The order is per see illegal. It has also been stated that on 3.1.2008, one other application has also been filed by the complainant on which a detail enquiry has been made and it was found that no offence has been committed by the present petitioner.

(3.) In this backdrop, the contention of the present petitioner is that investigation is abuse of process and should be quashed. This petition has been filed as investigation has been commenced for the same offence fifth time with ulterior motive. In FIR No. 147/2004, investigation was already concluded and now without any basis, order of re-investigation has been passed which is without jurisdiction and per see illegal.