Allahabad High Court
Karunesh Kumar Shukla & Ors. vs State Of U.P.& Anr. on 24 September, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 6855 of 2019 Applicant :- Karunesh Kumar Shukla & Ors. Opposite Party :- State Of U.P.& Anr. Counsel for Applicant :- Sushil Kumar Misra,Ajat Shatru Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the parties.
The present application has been filed under Section 482 Cr.P.C. for quashing the summoning order dated 07.06.2019 passed by A.C.J.M.-IV, Lucknow in Complaint Case No. 1185 of 2019, under Sections 420, 465, 467, 468, 471 I.P.C., P.S. Mahanagar, District Lucknow.
Learned counsel for the applicants submitted that in the complaint it is alleged by the opposite party No.2 that M/s Aftek Infrastructure Pvt. Ltd. purchased free hold land of area 4229.08 sq.mtrs. was taken for total sale consideration of Rs. 12,72,00,000/- (Rs. Twelve Crores Seventy Two Lakhs only) and the sale consideration was payable to seller through cheques and it was mentioned in the sale deed that sale deed shall be effective only after realization of cheques given for consideration and nine cheques out of 15 cheques (each of Rs.1,00,00,000/-) amounting to Rs.9,00,00,000/- (Rs. Nine Crores only) were dishonoured on 01.12.2014, given as consideration of cost of land purchased by M/s Aftek Infrastructure Pvt. Ltd. and he further submitted that the above fact was concealed by the applicants that the sellers of above said land filed a case under Section 138 N.I. Act against the M/s Aftek Infrastructure Pvt. Ltd. and its Director Karunesh Kumar Shukla which is still going on and as a result, the sale deed was not effective and the title of company was also defective, but the applicants developed Housing Project in the name of "Amaatra Aftek Residency" at Mahanagar, Lucknow situated on the aforesaid Land Muncipal No. 498/212, part of Khasra Nos. 83, 84, 85, 88 and 89 at Mahanagar, Ward- Vivekanandpuri, Lucknow and this project was also approved by Vijaya Bank.
As per the advertisement, the opposite party No.2 has shown his interest in the project on the promise from the applicants that it will get the project financed and no payment will have to be made by the complainant till the possession is handed over to him. The project being an approved project by Vijaya Bank, the complainant believed it to be a genuine project and paid the initial booking amount of Rs. 16.50 lakhs for Flat No.114 on different dates and the receipts of above payments was given by the company and thereafter, an agreement of sale dated 10.11.2015 signed by the company in favour of the complainant and the bank sanctioned loan in the name of complainant, without the presence and without advising the complainant and disbursed in full to the company directly, for Apartment No.114, loan amounting to Rs.92,80,000/- (Rs. Ninety Two Lakhs Eighty Thousand only) and that the Tripartie Agreement dated 17.12.2015 was executed by the company, the Vijaya Bank and the complainant and when it came into the knowledge of the complainant that the company as stopped the construction, accordingly, the complainant send letters/email stating that the complainant had be defrauded and therefore, he had no choice but to terminate all the aforesaid agreement and also demanded to stop the recovery of EMI from the complainant and thereafter, the bank as a cover up action initiated the proceedings at D.R.T. Lucknow to hide the large scale scam and also initiated the proceedings under the SERFAESI Act, 2002 to recover the entire loan amount which was to be repaid in 22 years.
Learned counsel for the applicants further submitted that the court below failed to consider the fact that the complainant had duly signed the agreement and this was a kind of Civil dispute and the complaint is not maintainable and it is a sheer abuse of process of law.
Learned A.G.A. opposes the prayer and submitted that the applicants suppressed that the title of land was disputed and the officials of the Vijaya Bank were also with the collusion and without examining the title of the company, the project was approved with the collusion of the applicants and other company officials and also submitted that there is no illegality in the order.
Considering the facts and circumstances of the case, it is evident from the record that the title of the land over which the project was being constructed is disputed and Lucknow Development Authority has declared it illegal and the construction of the project has been stopped, but after going through the entire pleading of the applicants no case of applicants have been described except the fact that the complainant is trying to victimize the applicants by making complaint in different forums including RERA etc., therefore, no case is made out for interference of this Court.
Accordingly, the application is dismissed.
Order Date :- 24.9.2019 S. Shivhare