Rakesh Ranjan Prasad, J. - (1.) Initially this application was filed for quashing of the order dated 06.11.2012 passed in G.R. No. 392 of 2012 (Dhanbad (Bank More P.S. Case No. 104 of 2012), whereby and whereunder the court took cognizance of the offences punishable under Ss. 406, 420 and 506/34 of Indian Penal Code. In course of time, when an application for discharge, filed before the court below, was rejected, said order dated 27.07.2015 was challenged by way of interlocutory application. Heard Mr. Gautam Kumar, learned counsel appearing for the petitioners, Mr. Vijai Kumar Gupta, learned counsel appearing for the State and Mr. Delip Jerath, learned counsel, assisted by Mr. Ashutosh Anand, learned counsel appearing for the opposite party No. 2.
(2.) Before adverting to the submissions advanced on behalf of the parties, the case of the prosecution needs to be taken notice of which is as follows: - A piece of land measuring an area of 73 decimals, situated at Bank More, Dhanbad, belonging to M/s. B.N. Hotels Pvt. Ltd. was mortgaged with the United Bank of India by the petitioners' company known as M/s. World Metal Movers which subsequently is being known as M/s. B.N. Hotels Pvt. Ltd. Due to non -payment of the loan advanced in favour of the said company, the Bank moved to the Debt Recovery Tribunal for recovery of the outstanding amount due to be paid by the Company. The property was to be auctioned sold. At that point of time, Rajendra Kumar Gupta, the Managing Director of the Company, who was under financial constraint, approached to the complainant -Opp. Party No. 2 and offered the said piece of land for its development on a condition of payment of Rs. 55 Lacs to Rajendra Kumar Gupta so that payment be made to the Bank and the property be made free from all incumbrances. The complainant -O.P. No. 2 accepted the said offer and paid the said amount. Thereupon Rajendra Kumar Gupta, the Managing Director of the Company, on behalf of the company M/s. B.N. Hotels Pvt. Ltd. entered into a development agreement on 08.08.2007. After execution of the development agreement, possession of the land was handed -over to the complainant on 03.04.2008 whereupon construction got started. By the passage of time, when the complainant did invest a sum of Rs. 5,21,59,889/ -, dispute arose in between the parties. According to the development agreement, original deed pertaining to the land was required to be handed -over to the O.P. No. 2 for the purpose of putting the property under mortgage so that the O.P. No. 2 may get loan from the financial institution for completion of the project, but said Rajendra Kumar Gupta in spite of repeated requests, did not hand -over the documents which hampered the progress of the construction work. The dispute resulted into an appointment of the Arbitrator. While the matter was pending before the Arbitrator, said Rajendra Kumar Gupta on behalf of the Company, did revoke the power of attorney and also cancelled the development agreement and the complainant was asked to hand -over the possession of the said land. After receiving a letter to that effect, when the complainant did approach to said Rajendra Kumar Gupta and raised grievances that he has been cheated, he was threatened with dire consequences.
(3.) Thereupon a complaint bearing C.P. Case No. 154 of 2012 was filed which was sent before the concerned police station for its institution and investigation. Accordingly, Dhanbad (Bank More) P.S. Case No. 104 of 2012 was registered under Ss. 406, 420, 506/34 of the Indian Penal Code.;