SUDHIR AGARWAL,J - (1.) Heard Sri Pradeep Kumar Tripathi, learned counsel for applicants and learned A.G.A. for State-respondent.
(2.) This application under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") has been filed by applicants seeking quashing of entire proceedings of Complaint Case No.3713 of 2005 pending in Court of Additional Chief Judicial Magistrate/A.C.J. (C.D.), Court no.3, Ghaziabad.
(3.) Copy of complaint is Annexure-VI to application and contents thereof from para 1 to 10 reads as under: "1. That on the basis of the information advertised by Messrs Divine (India) Infrastructure Pvt. Ltd. of the accused persons, the applicant/complainant got booked a mini MIG flat No. 9 situated at B - Block Divine View Park Apartment, Abhay Khand - III, Indrapuram, Ghaziabad after paying an amount of Rs. 50,000/-, the receipt no. 093 dated 05.12.2004 of which was issued by Sri Dinesh Kumar, authorised signatory at the regional office located at property site A-1 Divine Park View Apartment, Abhay Khand III, Indrapuram, Ghaziabad. 2. That the applicant/complainant, before the aforesaid booking, on 04.12.2004, contacted the accused persons, Rajiv Sharma and Dinesh Kumar at the aforementioned regional office and enquired about the aforesaid property and building etc., whereupon in the presence of Seema Grover, wife of the applicant/complainant and Shri Rajendra Kumar, the accused persons told them that the aforementioned property is free of all disputes and the flat would be registered in in his favour in 4 months. They also gave an assurance to manage home loans etc. to the applicant for the purchase of the afore-mentioned property and also stated that, if the complainant desired, he can take home loan from elsewhere. 3. That, as informed by the accused persons, the applicant/complainant again met the accused persons after 15 days on 21.12.2004, and the accused persons, handing a photocopy of the agreement to sale deed/agreement dated 03.12.2004, stated that he could take loan on the basis thereof. 4. That on contacting several banks on the basis of the aforesaid agreement to sale deed/agreement, it came to be known that loan cannot be obtained on the basis of the said deed because the accused, as per the said deed, are neither absolute owners of the said property nor have rights to sell flat etc., as alleged in paras 7 and 8 of the deed. 5. That the applicant/complainant returned on 27.01.2005 and stated the said facts to the accused Rajeev Sharma. On this, the accused got displeased with the applicant and started saying, "We have cancelled your booking. The booking amount has been seized. Now, you may do whatever you can." 6. That despite being contacted several times and a written notice being served by the applicant/complainant on 08.04.2005, the aforesaid accused neither replied to the notice of the applicant/complainant nor returned the booking amount of the applicant/complainant. 7. That an amount of Rs. 50,000/- of the applicant/complainant has been collected and dishonestly grabbed by the accused by way of cheating on the pretext of booking. 8. That the accused have no right to forfeit the booking amount. 9. The the said act of the accused is an offence punishable u/s 406, 420 IPC; information whereof has been submitted by the applicant to the SSP, Ghaziabad on 29.04.2005. Hence, it is requested that evidences be taken, necessary investigation be done and the accused be summoned and punished." ;