Rongon Mukhopadhyay, J. - (1.) Heard Mr. Anil Kumar, learned senior counsel appearing for the petitioner and learned A.P.P. for the State as well as Mr. A.K. Kashyap, learned senior counsel for the opposite party no. 2. In this application petitioner has prayed for quashing of the entire criminal proceeding including the order dated 25.04.2013 passed by learned Judicial Magistrate, Dhanad in C.P. Case No. 699 of 2013 whereby and whereunder cognizance had been taken against the petitioner for the offence punishable under Section 406/420/34 of the Indian Penal Code.
(2.) The complaint case was instituted being complaint case no. 699 of 2013 in which it was alleged that the accused persons had induced the complainant to purchase two flats in Ashish Kiran Apartment Phase-II at Luby Circular Road, Dhanbad, pursuant to which the complainant had agreed to purchase two flats in the name of his children and a consideration amount of Rs. 25,00,000/- has been given. It has been alleged that before execution of the agreement complainant had paid entire amount of Rs. 25,00,000/- to the accused persons in installment for which money receipts were also given. Allegation has been made that the legal notices were served to the accused persons through their lawyer and false and frivolous plea has been given for cancellation of the flats alloted to the son and daughter of the complainant. It has also been alleged that the valuation of the flats has been inflated and the accused persons are going to sell the flats to the other purchasers on higher price. After institution of the complaint case an inquiry was conducted by enquiring the complainant under solemn affirmation as well as the witnesses vide order dated 25.04.2013 the learned Judicial Magistrate, Dhanbad was pleased to take cognizance for the offence punishable under Section 406/420/34 of the Indian Penal Code.
(3.) It has been submitted by the learned senior counsel for the petitioner that the petitioner is also one of the partner of M/s Ashish Kiran Construction and when the complainant has shown his intention to purchase two flats an agreement was entered into between them in which various terms and conditions were required to be completed both on the part of the purchasers as well as by the builders. Learned senior counsel for the petitioner submits that clause 2 of the said agreement gives out the terms and conditions and clause 3 deals with the other fixed charges to be deposited by the purchaser. It has been submitted that at the time of booking of the flat an amount of Rs. 12,50,000/- was deposited for each flat and apart from the said deposit various installment as has been enumerated in the agreement were also required to be deposited but the complainant had only deposited Rs. 12,50,000/- per person and so far as the rest amount was concerned the same were never deposited which led to cancellation of the allotment which was intimated to the allottees by legal notices. Learned senior counsel for the petitioner has submitted that since the condition in terms of the agreement were not fulfilled by the allottees the allotment has rightly been canceled.;