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1. This application under Section 482 CrPC has been filed, praying for quashing of the proceedings of Complaint Case No.39 of 2018 'Sanjeev Agarwal Vs. M/s M-Tech Developers Private Limited and others, under Sections 406, 417, 420, 467, 468, 471, 120-B, 323, 504 and 506 IPC, pending in the Court of VIth Additional Chief Judicial Magistrate, Court No. 30, Lucknow.

2. In the complaint filed by the respondent no. 2, Sanjeev Agarwal, 11 persons have been arraigned as accused, including the applicant, and three unknown persons. The accused are M-Tech Developers Limited and its two Directors, namely, Mahinder Sharma and Amit Jha, Raman Rai, an employee of the M-Tech Developers Limited. The second company, which is arraigned as accused, is ANS Constructions Private Limited and its two Directors, namely, Mahinder Sharma and Mahesh Kumar Sharma, authorized signatories, Jayant Kumar and Umesh Kumar. The third company is ANS Developers Private Limited and the applicant, who is said to be the Director of ANS Developers Private Limited.

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').

13. Several customers, in pursuance to the advertisement, submitted advance provisional registration form on payment of registration/booking amount and total number of such customers was around 1700, who had submitted their applications for allotment of plots. The complainant, his wife and sister-in-law booked 9 plots, 3 each, and paid cumulatively 14,26,000/- to M/s M-Tech Developers Private Limited in 2007. In June, 2008, the license dated 23.08.2006 granted by the LDA to ANS Constructions Private Limited was cancelled by the LDA on the ground that land proposed to be allotted to the M/s M-Tech Developers Private Limited was acquired by the State Government for the use of development of sewage treatment plant and thereby resulted in reduction of land for development of integrated township. After cancellation of the license, M/s M-Tech Developers Private Limited applied for grant of new license and registration of the proposed project on 16.02.2010. New license was granted by the LDA for an area of 226.30 acres in village Baghamau only. However, the said new license granted to the consortium of M/s ANS Constructions Private Limited was valid till 15.02.2012. It is said that out of these 226.30 acres of land to be allotted in village Baghamau, the LDA used around 40 acres of land for construction of 'Bandha' and thereby leaving 187.80 acres of land in village Baghamau. Out of 187.80 acres land, M/s M-Tech Developers Private Limited was assigned only 79.81 acres of land in village Baghamau for residential purposes and remaining land was reserved for construction of shopping complex, school and roads by LDA.

22. Mr. Pranjal Krishna, learned counsel for respondent no. 2, complainant has submitted that the complainant, his wife and sister-in-law, had paid their hard-earned money of Rs.14,26,000/- way back in the year 2007 for booking of 9 plots as offered by the M/s M-Tech Developers Private Limited. The M/s M-Tech Developers Private Limited did not have the land bank for which the plots were offered after collecting huge amount from 7000 plots buyers/investors way back in the year 2007. Later on, the said project was cancelled and, it was said that in place of plots, flats would be constructed and the complainant would be offered discount of 5%. It is further submitted that accused-applicant, Amit Jha for the M/s M-Tech Developers Private Limited and complainant along with his wife and sister-in-aw, Smt. Beena Agarwal entered into a MoU in front of Khalid Masood on 25.01.2012 in which the M/s M-Tech Developers Private Limited agreed to give 9 flats of 2 bed-rooms etc @ Rs.16,50/- per square feet, after discount of 5%. M/s M-Tech Developers Private Limited launched Periwinkle Glory and Vista housing flats and, as per MoU dated 25.01.2012, M/s M-Tech Developers Private Limited should have allotted 9 flats in the said Periwinkle Glory to the complainant. It is further submitted that despite several requests made by the complainant to honour the MoU and allot him flats in Periwinkle Glory, the applicants paid no heed to the requests made by the complainant and, on persisting demand of allotment of the flats as per terms of the MoU, wife of the complainant, the complainant himself and Smt. Beena Agarwal, wife of younger brother of the complainant, were threatened. Learned counsel submits that offence against the applicants are clearly made out and, the application filed by the applicants, has no merit and, is liable to be dismissed.