- (1.) The above mentioned four petitions, brought under the provisions of section 482 Cr.P.C. have the identical set of the parties. The petitioners seek quashing of four complaints by way of the four petitions all titled as Shri Surinder Pal Vs. M/s Rainbow Promoters Private Limited and others pending in the court of Judicial Magistrate Ist Class, Gurgaon for an offence punishable under sections 420 and 506 read with section 120-B of Indian Penal Code, summoning order dated 3.1.2007 made therein against the petitioners and all other subsequent proceedings arising therefrom, on the ground that they have been sheer misuse of the process of the court. The allegations levelled in the complaints by Surinder Pal, respondent no.1, against the petitioners, which are necessary for disposal of these petitions, being similar with the only difference of description of land and the amounts in which cheques have been issued, are taken from Complaint No. 631 dated 14.12.2006 sought to be quashed in Criminal Misc. No. M-23020 of 2007. Kabul Chawla and others, petitioners No. 2 to 5 in the petitions are directors of M/s Rainbow Promoters Private Limited, petitioner No.1. They are involved in the business of sale and purchase of immovable properties in and around Gurgaon, Faridabad, Panipat and Delhi. They purchased agricultural land from the complainant measuring 35 Kanals 19 Marlas situated in the revenue estate of village Baburpur, Tehsil and District Gurgaon for a total consideration of Rs. 3,37,03,125/-. The accused issued three cheques in favour of the complainant for the sale consideration and two of them were postdated cheques. The details of the said cheques are as under :- JUDGEMENT_443_LAWS(P&H)9_20121.html
(2.) The accused persons repeatedly assured the complainant that the cheques would be honoured on the dates mentioned thereon on presentation. In the month of May, 2006, earlier to the execution of this sale deed, the accused individually and collectively had several meetings with the complainant for purchase of this land. Accused No. 2 to 5 requested the complainant to accept payment by way of post dated cheques and extended the assurance of their being honoured. As this fact was disclosed only a day prior to the registration of the sale deed, the complainant reluctantly agreed to the condition as he did not want to cancel the deal. Accused No.1 has a good office and was in the process of taking up number of projects of building construction and sale/purchase of land in and around Gurgaon, Faridabad, Panipat and Delhi. The complainant believed the assurances of accused No. 2 to 5 and accepted the cheques. He, however, received shock of life when he came to know that the second cheque for Rs. 1,11,22,000/- was dishonoured on its presentation. The complainant, consequently, issued a legal notice through counsel to the accused persons intimating them about the dishonouring of the said cheque and calling upon them to pay the amount of the cheque. The said legal notice was duly served upon the accused persons as after receiving the same, they had sent a reply to the complainant mentioning that they were fully aware of dishonour of the cheque, requesting the complainant to collect the cheque amount from their local office. However, when the complainant reached the office of the accused, he did not find anybody to make the payment and, therefore, he realized that the reply of the accused was just to befool him. In the meanwhile, the date of the third cheque also arrived and the said cheque was also presented with the bank but was dishonoured.
(3.) Again the complainant approached the accused persons to get his money but they did not give any satisfactory response. After dishonour of the third cheque, the complainant came to realize that he has been deceived by the accused persons and that he has been deprived of his hard earned money in a sum of Rs. 9,87,09,625/-. If he would have got this amount in time, he could have invested the same in purchase of other properties. He had agreed to purchase some other property and had to give up that deal for want of money. The complainant had sold four properties to accused persons through four different sale deeds and all the four transactions met with the same fate which clearly revealed that the accused persons had malafide intention to grab the property of the complainant worth Rs. 16,45,15,625/-. Apart from the first cheque with regard to the four properties, no other cheque was honoured and the dishonoured cheques have been in the amount of Rs. 9,87,09,625/-. He has claimed that the malafide intention of the accused persons became apparent from the fact that in all the four transactions, the directors approached the complainant for purchase of the land, but in none of the said transactions, the names of the directors had come. When the complainant approached the accused persons for payment of his money or cancellation of the sale deed, they started threatening the complainant of dire consequences, if he again approached them. On 24.10.2006, when he was going towards Delhi from Gurgaon, he was intercepted near Signature Tower by 5/6 persons coming in a Qualis vehicle, who threatened the complainant of elimination if he initiated any proceedings against M/s Rainbow Promoters Private Limited or demanded any money from them. The complainant lodged a complaint regarding this incident before Station House Officer, Police Station DLF, Sector 29, Gurgaon on 26.10.2006 and on 1.11.2006. The complainant moved an application to the Senior Superintendent of Police but the police has not taken any action so far which shows that the accused persons are very rich persons and have links with high-ups in the society.;