VIKASH AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding of Complaint Case No. 206 of 2007 including the order dated 25.7.2007 whereby and whereunder cognizance of the offences under Sections 406/409/4171 420 of the Indian Penal Code has been taken against the petitioner.

(2.) THE facts giving rise this application are that the complainant -opposite party no. 2 lodged a case stating therein that he being a landowner of a piece of land, measuring 20 decimal, bearing plot no: 679 (sub -plot no. 769/E), under khata no. 85, situated at village Kathargonda, Kanke Road alongwith five other landowners entered into an agreement, vide deed of agreement dated 23.6.1995 with a Developer M/s Satyabhama Developers to which petitioner is a Director, whereby It was agreed upon to develop the land by constructing apartments to be sold to different purchasers and to give proportionate share in the built up portion to the land owners. Under the said agreement developer (petitioner) was authorized to enter into an agreement for sale of the portion or portions of the proposed building and to receive amount of advance from the pr6spective purchasers and to grant receipt for the same and at the same time it was also agreed that the share of the landowner shall be delivered prior to execution of sale or agreement, to sell with the intending purchaser or purchasers. Subsequently the complainant executed a deed of joint power of attorney alongwith five landowners in favour of the petitioner whereby he was authorized to do various acts, inter alia, to receive advance or advances and also the balance of purchase money for such sale or sales and grant valid receipt on their behalf and to deposit the same to the principal. Pursuant to that, petitioner and other accused persons started selling the apartments to the purchasers but by violating the terms of power of attorney, as they failed to deposit the said amount to the principal and even failed to handover requisite area of the apartment, as agreed upon, to the complainant and hence there was no option for the complainant but to cancel the power of (attorney executed in favour of the petitioner and, accordingly, it was cancelled, vide registered deed of cancellation dated 4.7.2005 and this fact was communicated to the accused persons and even the said information was published in the daily newspaper ."The Ranchi Express" but to utter surprise of the complainant, the accused persons went on having agreement for selling the apartment with intending purchaser and thereby the accused persons not only committed criminal breach of trust but also cheated the complainant by not paying the money received from the intending purchaser and by not handing over the built up area due to be given as per the agreement.

(3.) BEING aggrieved with that order, the petitioner has preferred this application.