MAHAVIR JAIN Vs. STATE OF M.P

JUDGEMENT

(1.) The applicant has preferred this petition under Section 482 of Cr.P.C. for seeking quashment of FIR and all other consequential proceedings with regard to crime No.563/2016 registered at Police Station Banganga, District Indore for commission of offence punishable under Section 420, 467, 468, 471 read with Section 34 of I.P.C.

(2.) Brief facts of the case are that on 29.06.2016 one Alka Chittora lodged a complaint at Police Station Banganga District Indore stating that she has purchased a plot bearing No.69 admeasuring 1250 sqft. from M/s Gold City Developers through Nipul Kapasi, one of the partner of the firm. It is further alleged that at the time of execution of sale deed, an amount of Rs.3,50,000/- was taken from her in cash in the name of development charges but after execution of sale deed, when she went to the plot she came to know that no development activity has been performed and thus Nikul Kapasi and all the partners of M/s Gold City Developers have cheated her. On the basis of the aforesaid complaint FIR bearing crime No.563/2016 was registered at Police Station Banganga on 02.07.2016 against Chirag Shah and Nipul Kapasi. Thereafter, police Station Banganga took the investigation and during the course of investigation police received 22 complaints by other complainants who had the same grievances of being cheated in purchasing the plot in Kalindi Gold City. As per complaint, the preent applicant and other accused persons induced them to purchase the plots in Kalindi Gold City and cheated them by taking money from them and not giving them their plots or not getting the plots registered in their names. On that basis of that the present applicant was also added in the said crime. On completion of the investigation charge-sheet was filed filed before the court of Judicial Magistrate First Class, Indore.

(3.) Learned counsel for the applicant has submitted that applicant was only a paid employee of M/s Gold City Developers acting under the instructions and directions of Chirag Shah, Jitendra Dhawan and Nilesh Ajmera, who are the actual partners of the firm. The applicant is not named in the FIR and there is no allegation against the applicant that he has induced and deceived any person, therefore, no offence under Section 420 of I.P.C. is made out against the applicant. It is not the case of the prosecution that the applicant has forged any of the documents. The present applicant has not played any role in the alleged sale transaction with the complainants. The applicant has not dealt with any of the the customers and has not received any consideration towards the alleged sale transaction. He has not singed or executed any document including money receipts, sale agreements or sale deeds in favour of the any of the complainants acting as a partner of the firm. Under these circumstances, the FIR registered against the applicant and further proceedings are liable to be quashed.