RADHA GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This case was instituted on the basis of complaint case being C.P. Case No. 154 of 2012, which was sent to the Police Station after which Dhanbad (Sadar) P.S. Case No. 104 of 2012 for the offence under Sections 420/406/506/34 I.P.C. was registered against B.N. Hotel and petitioner Rajendra Kumar Gupta. It is alleged that the firm known as M/s B.N. Hotel Pvt. Ltd. is having 73 decimals of land (details find mentioned in the complaint) and the property was mortgaged with the United Bank of India, Dhanbad against a loan taken by M/s World Metal Movers Ltd. Due to non-payment of loan amount, the Bank has referred the matter to the Debt Recovery Tribunal where the property was likely to put under auction but in the meantime the accused-petitioner approached the complainant and a sum of Rs. 55,00,000/- was paid to get the property redeemed and thereafter a development agreement between the parties was done and power of attorney was also executed in favour of the complainant. The constructions were also under progress but in the meantime some dispute arose because the petitioner did not hand over the Title Deed to the complainant and that caused financial constraints. Thereafter, the power of attorney and the agreement executed in favour of the complainant were cancelled and revoked. The parties have also approached the Court for arbitration. Since the complainant felt him cheated, he has lodged the instant case.

(2.) It is submitted that it is purely a civil dispute between the parties. The complainant himself has admitted in the arbitration proceeding that it is a trivial matter and the dispute arose only because Title Deed of the property was not handed over.

(3.) Learned Counsel further submitted that Rs. 55,00,000/- was taken on account of security deposit and it is incorrect to say that the said amount was paid for the purpose of getting the property re-deemed from the Debt Recovery Tribunal. He has further pointed out that the petitioner, namely, Ashok Kumar Gupta and Kanhaiya Lal Gupta have been made accused only because they are the Directors of M/s B.N. Hotel Pvt. Ltd. and they had done nothing. The detailed complaint is completely silent with regard to role played by any of them.