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3. The facts narrated in the complaint briefly are that in the year 2007, M-Tech Developers Limited, its Directors, Mahinder Sharma and Amit Jha, in collaboration with ANS Constructions Private Limited, launched a housing-scheme in Baghamau area of Gomti Nagar Extension by the name of "M-Tech City". It was promised that possession of fully developed plots would be delivered to the customers within a time-frame of 30 months. The complainant, having come-across, the advertisement about the said project, booked 9 plots, 3 each in the name of himself, his wife (Smt. Sunita Agarwal) and sister-in-law (Smt. Beena Agarwal) in the year 2007. The customers, including the complainant, were convinced by Mahinder Sharma and Amit Jha, the Directors of the M-Tech Developers Limited, that prices of the plots would rise four times within 3-4 years. Despite making payments towards booking of the 9 plots, the accused, M-Tech Developers Limited, Mahinder Sharma and Amit Jha never gave any allotment letter/agreement either to the complainant, his wife Smt. Sunita Agarwal or sister-in-law, Smt. Beena Agarwal. Further, allegation is that the complainant had made payments of Rs. 3,72,000/- in three installments each of Rs. 1,24,000/- towards booking of 3 plots in his name, Rs. 5,58,000/- in three installments each of Rs.1,86,000/- towards booking of 3 plots in name of his wife, Smt. Sunita Agarwal and Rs.4,96,000/- towards payment of booking of 3 plots in the name of his sister-in-law, Smt. Beena Agarwal. In spite of making payments, as mentioned above, even after 30 months, promised period, which got expired in July, 2009, M-Tech Developers Limited, Mahinder Sharma and Amit Jha neither gave possession of the plots nor promised any further date of possession. In December, 2009, the complainant inspected the site and found that no work was being done, and then he realized that he along with his family members were cheated by the M-Tech Developers Limited and its Directors. The M-Tech Developers Limited, Mahinder Sharma and Amit Jha projected themselves to be the owner of the land at the strength of some forged documents. However, later on, it was revealed that they were not owners of the land and, they did not have any approval from the State Government for the said project nor any layout plan was approved by the Lucknow Development Authority (for short 'LDA').

17. On the other hand, Mr. Pranjal Krishna, learned counsel for the respondent no. 2, has submitted that ANS Constructions Private Limited is a part of M-Tech Developers Limited group of companies. In the said ANS Developers Private Limited, the applicant, being a Director, had purchased a sizable piece of land from M-Tech Developers Limited. ANS Developers Private Limited colluded to cancel their ongoing project so as to launch another scheme of high end properties and the M-Tech Developers Limited and ANS Developers Private Limited colluded and conspired to embezzle money invested by the buyers in the scheme launched by the M-Tech Developers Limited wherein they developed plots/flats. The complainant, his wife and sister-in-law booked 3 plots each by paying Rs. 14,26,000/- way back in the year 2007. It is alleged that when the complainant visited, the applicant, who was Director of ANS Developers Private Limited, admitted that there was a MoU signed between M-Tech Developers Limited and the ANS Developers Private Limited, now known as Shalimar Lake City Private Limited, and under the said MoU M-Tech Developers Limited and the ANS Developers Private Limited would be constructing flats together. It was the applicant, who offered flats in place of plots @ Rs.1,650/- per square feet after a discount of 5% in the MoU between the complainant, his wife and wife of his younger brother with Amit Jha for M-Tech Developers Limited in presence of the applicant. It has been further submitted that on the same site, which was earlier developed by M-Tech Developers Limited, and in which the complainant had booked 9 plots, Shalimar Group, had launched 'One World Township Scheme' in an area of about 200 acres of land and, the said project 'One World Group Township', includes the land of M-Tech Developers Limited. It has been further submitted that the complainant had visited Amit Jha and others, including the applicant herein on several occasions for allotting him flats in Periwinkle Glory Housing Scheme as per the MoU entered into between the complainant and the M-Tech Developers Limited, but they paid no heed to the request made by the complainant. When the complainant persisted regarding allotment of land, he, his wife and wife his younger brother were threatened to accept the refund and, they would fortify the money. It has been further submitted that at the stage of taking cognizance on a complaint, what is required to be considered, is the allegation in the complainant and the material/evidence brought on record by the complainant. It has been submitted that from reading of the complaint and the statement of the complainant and two witnesses, the offences against the applicant under Sections 406, 417, 420, 467, 468, 471, 120-B, 323, 504 and 506 IPC are clearly made out. This Court, in exercise of its power under Section 482 CrPC, is not required to consider the defence of the accused and since prima facie offences, for which the application has been summoned, are made out, the application is liable to be dismissed.

19. I have considered the submissions advanced by the learned counsels for the parties.

20. The complainant had booked 9 plots in the name of himself, his wife and wife of his younger brother with M-Tech Developers Limited in the year 2007 by paying a sum of Rs.14,26,000/-. Possession of these plots was to be given by 9th July, 2009 by M-Tech Developers Limited. Neither the applicant nor ANS Developers Private Limited, now known as Shalimar Lake City Private Limited, was in picture when the applicant booked the plots with M-Tech Developers Limited. The said scheme, launched by the M-Tech Developers Limited, could not take-off.

21. As per the MoU dated 25.11.2012 between the complainant, his wife and sister-in-law and M-Tech Developers, the complainant was to be given flats instead of plots @ Rs.1,650/- per square feet after a discount of 5%. This MoU was entered into between the complainant, his wife and sister-in-law with the M-Tech Developers Limited. The only allegation against the applicant is that he was present when the MoU was entered into between the complainant and the M-Tech Developers Limited through co-accused, Amit Jha and on insistence of the applicant, the complainant delivered original receipts etc. to Amit Jha. Even if it is believed that the applicant was present when the MoU was signed, the applicant was neither the signatory of MoU nor witness If the agreement has not been performed by the M-Tech Developers Limited, the applicant cannot be held responsible. So far as handing over the original receipts are concerned, the M-Tech Developers Limited has unequivocally accepted that the amount of Rs.14,26,000/- was paid towards the booking of 9 plots and, they do not deny the MoU dated 25.01.2012 with the complainant. Even if it is believed that on insistence of the applicant, original receipts etc. were given by the complainant to Amit Jha, co-accused, the Director of the M-Tech Developers Limited, as the receipts, payment and booking are not disputed by the M-Tech Developers Limited, no offence is made out against the applicant. As per the complaint also, the applicant was not involved in any other alleged incident.