- (1.) In this application, the petitioners have prayed for quashing of the entire criminal proceedings in connection with Bariatu P.S. Case No. 40 of 2012, corresponding to G.R. Case No. 888 of 2012, which has been instituted for the offence punishable under sections 420, 406, 506/34 of the Indian Penal Code.
(2.) The prosecution story as would appear is that the informant being desirous of purchasing a piece of land for building a house had gone to the office of M/s Samridhi Creative Private Limited, wherein a map of a land was shown and the price quoted was @ Rs.257 per sq. ft. The informant having agreed to purchase 4800 sq ft. of land @Rs.257 per sq ft. had deposited Rs.6 lac through five different cheques and separately Rs.3 lacs vide two different cheques. It has been alleged that a total sum of Rs.9 lacs was deposited with the company towards purchase of the land. Further allegation in the FIR is to the effect that in spite of receiving an amount of Rs.9 lacs, sale deed was not executed in favour of the informant in spite of repeated requests being made by her. In order to assure the informant, four cheques had been given by the Company when it failed to execute a sale deed, but on presentation of the said cheques before the Bank, save and except one cheque amounting to Rs.1 lac, other cheques were dishonored. Based on the allegations levelled as above, Bariatu P.S. Case No. 40 of 2012, corresponding to G.R. Case No. 888 of 2012 was instituted.
(3.) Heard Mr. Prashant Pallav, learned counsel for the petitioners, learned APP for the State and Mr. Vijayant Verma, learned counsel for O.P. No. 2.;