SHIV KUMAR BERI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed for quashing of the entire criminal proceeding of Complaint Case bearing C -1 No.72 of 2011 including the order dated 13.5.2011 whereby and whereunder cognizance of the offences punishable under Sections 406, 420, 468, 120B of the Indian Penal Code has been taken against the petitioners.

(2.) IT is the case of the complainant that out of the joint efforts of the complainant as well as these petitioners, who happen to be the father, brother and daughter of the complainant and other family members following properties were acquired. Kumar Guest House (P) Ltd., having Hotel "Sidhartha" in Jamshedpur. Jamshedpur Motel (P) Ltd., having 'Hotel Castle' in Jamshedpur. Land for Hotel Siddhartha (P) Ltd., at Puri, worth more than Rs. One crore was acquired.

(3.) IN course of time, when some of the family members wished to have exclusive share in one of those properties, the parties entered into an agreement whereby it was agreed upon that Neelanchal Estate Pvt. Ltd be given to the share of the complainant. The petitioners no.1 and 2 and also accused no.3, Savita Gupta, sister of the complainant resigned from the Directorship of the said company and relinquished their respective shares in favour of the complainant and handed over their share certificates which duly signed share certificate form with no dues certificate. However, transfer of shares/interest was subject to condition of making payment of a sum of Rs.49,78,000/ - to Savita Gupta (accused no.3). The petitioner no.3 also resigned from the Directorship and written information was given to the Registrar of Companies, Cuttack. In lieu of that, complainant relinquished his right, title and interest from the other four properties mentioned hereinabove by means of registered deed of release dated 25.5.1999 in favour of petitioners no.1 and 2 as well as Savita Gupta (accused no.3). It is further case of the complainant that in terms of the agreement, entire payments were made to accused no.3 except a sum of Rs.27,96,000/ -. Subsequently, misfortune struck to the complainant, as a result of which Hotel Sidhartha at Bhubneshwar being run by the Company, Nilanchal Estate Pvt. Ltd. had to be closed down. At that point of time, accused nos. 6, 7 and 8 not the petitioners offered the complainant to purchase the said Hotel at Rs.3,51,00,000/ -. Since the complainant was in a very bad financial position, accepted the proposal whereby they deposited Rs.15,00,000/ - by way of cheque in the loan account of the complainant and that apart, a sum of Rs.5,00,000/ - was given to the complainant. Meanwhile, Punjab National Bank and the State Bank of India, Bhubneshwar Branch took possession of the said Hotel for recovery of their dues. In such eventuality, accused no.6 and 7 again entered into an agreement on 18.8.2005 whereby consideration amount was re -fixed as Rs.4,01,00,000/ - and out of that a sum of Rs.25,00,00,000/ - was paid to the Bank. Further case is that while the complainant was away from Bhubneshwar, he received information that accused no.6, 7 and 8 in connivance with other accused persons got the share of the said Hotel transferred in their names in the record of Registrar of Companies, Cuttack on the basis of forged documents and took possession of the Hotel.