GAURANGA DAS AND 2 ORS Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-11-119
HIGH COURT OF GAUHATI
Decided on November 30,2018

Gauranga Das And 2 Ors Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Ajit Borthakur, J. - (1.) Heard Mr. P.K. Kalita, learned counsel for the petitioners. Also heard Mr. D. Das, learned Addl. Public Prosecutor, Assam for State respondent No. 1 and Mr. D. Talukdar, learned counsel for the respondent No. 2.
(2.) By this petition under Section 482 Cr.P.C., the petitioners are seeking setting aside and quashing of the order, dated 24.03.2014, passed in C.R. Case No. 702c/2014, whereby cognizance of the offence under Sections 420/34 of the IPC was taken against the petitioners and the aforesaid entire criminal proceeding, pending in the court of learned Sub-Divisional Judicial Magistrate (S) No. 1, Kamrup (M) at Guwahati.
(3.) The petitioners' case, in a nutshell, is that the respondent No. 2 had instituted a complaint case against the petitioners, on 05.03.2014, inter-alia, alleging that the respondent No. 2 had entered into a memorandum of understanding with the petitioners, on 06.05.2011, for construction of a multistoried RCC building over their plot of land and accordingly, executed a power of attorney in the name of Green Square Kiron & Infrastructure, represented by the respondent No. 2 by taking advance money from him. The respondent No. 2 had completed the construction of the RCC building, but till date, the petitioners have not provided the 15 ft. approach road as per the memorandum of understanding, for which the respondent No. 2 has not been able to hand over the flats to the prospective purchasers. Thus, the petitioners committed the offences of criminal breach of trust and cheating.;


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