CHANDRA NATH BANERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the order dated 15.2.2010 passed by the learned Sessions Judge, Jamshedpur in Cr. Rev. No.143 of 2009 whereby and whereunder learned Sessions Judge having set aside the order dated 18.3.2009 passed in C-1 case no.2107 of 2008 dismissing the complaint, remanded the case to hold further enquiry and to pass a fresh order.

(2.) The case of the complainant as it appears from the complaint petition is that the complainant having came to learn that M/s. Loknath Builders Pvt. Ltd., to which petitioner is the Director, has been proposing to construct a multi storied building consisting of residential flat, parking space etc. over a piece of land, approached the petitioner for purchasing one residential flat, upon which petitioner also agreed to give a front facing residential flat measuring 2000 sq.ft. @ Rs.850/- per sq.ft. Such offer being accepted, the complainant paid a sum of Rs.15 lacs in advance to the petitioner so as to have a flat as promised within six months. The building was never constructed within the time as promised. When construction got started, a letter was received by the complainant whereby it was intimated that one flat in the first floor having an area of 1690 sq.ft. has been allotted to him, though at the time of entering into an agreement, the accused persons had promised to allot a flat measuring 2000 sq.ft.

(3.) Further case is that had it been made clear at the time of agreement that they would not allot a flat measuring 2000 sq.ft, he would not have booked the flat. Thus, on the allegation that the accused persons had cheated, thecomplainant filed a complaint which was registered as complaint case no.407 of 2008.