- (1.) HEARD the parties.
(2.) THIS application has been filed for quashing of the First Information Report of Sidgora P.S. Case No. 207 of 2010 (G.R. No. 3332 of 2010) instituted under Sections 406, 420 and 120B of Indian Penal Code. The facts giving rise to filing of the F.I.R. are that the complainant -opposite party no. 2 having constructed a commercial building in the name of 'Bifiya Complex' sold 1800 Sq. F. each of the ground floor, first floor and second floor of the aforesaid complex to petitioner no. 1 at the cost of Rs. 90 lakhs, whereas 1870 Sq. F. each of the first floor and second floor of the building was sold to petitioner no. 2 at the cost of Rs. 50 lakhs and both of them paid those amounts. Further shops situated at the basement measuring 497 Sq. F. and 280 Sq. F. as also constructed portion measuring 447 Sq. F. of the ground floor was sold to petitioner no. 3 for a consideration of Rs. 36,53,149/ -as against that only a sum of Rs. 13,80,000/ - was paid in advance.
(3.) FURTHER case of the complainant is that the accused persons had asked the complainant to do certain extra works on the promise that they are ready to bear the cost of it. Accordingly, the work worth Rs. 1,97,70,271/ -, which the accused persons wanted to do, was done but as against that they paid only a sum of Rs. 1,67,50,800/ -and as such a sum of Rs. 30,19,471/ - remained to be paid.;