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An overview of the impugned FIR would be necessary at the outset. FIR has been registered on the complaint of Ajay Kumar Vashistha, authorised representative of M/s Homestead Infrastructure Development Private Limited, M/s Asia Pacific Development Private Limited and M/s Jindal Buildtech Private Limited i.e. complainant companies. Petitioners in these two connected petitions are specifically named as accused apart from others. Allegations are that the accused persons including the petitioners herein hatched a conspiracy in connivance with each other and have committed fraud with the complainant party and thereby grabbing a sum of rupees twenty eight crores. It is alleged that one Manoj Srivastava official of the complainant company introduced the accused persons with the owners of the complainant company in September 2011 at Karnal. The accused claimed that they were having 105 acres of land at Village Anangpur, Sector 39, Faridabad and such land was ideal for housing and commercial projects. A proposal in such regard was put forth to which the complainant company agreed and paid a sum of rupees two crores to the accused party. A MOU was also executed in this regard on 12.10.2011. The terms and conditions of MOU were not complied with and 2 of 23 with a motive to grab the money already paid, a second proposal was put forth before the complainant company as per which accused party was having ownership rights over land measuring 22 acres situated at Village Mewla, Maharajpur, Sector 43, Faridabad and such land was also suitable for housing and commercial purpose. It is asserted that to give effect to such second proposal, three agreements were entered into with the accused through their company namely M/s Dream Green Land Realtors Private Limited. The three agreements were dated 14.03.2012, 15.03.2012 and 13.08.2012. In pursuance thereto a further sum of rupees 14 crores was paid and the details of which have been furnished in the FIR. Complainant party alleges that there was dishonest intention and it came to light that the entire land was forest land and upon which construction could not be effected. At such stage, demand was raised to refund the entire amount paid and the accused in furtherance of the conspiracy hatched put forth yet another i.e. 3rd proposal that they will make available land measuring 300 acres in Rajasthan, situated at Village Udaisinghpura and Bakshipur, Tehsil Neem Ka Thana, District Sikar, Rajasthan. It is alleged that this time again Manoj Srivastava, employee of the complainant company was an active participant in the conspiracy and who facilitated the entering into another fresh agreement with fake company under the name and style of Rossery Promoters Private Limited and complainant company namely M/s Homestead Infrastructure Development Private Limited. In this regard a further sum of rupees two crores was paid at Karnal Haveli. Subsequently, complainant party became aware that the accuse /their company was having only 40 acres of land which is situated at village Village Udaisinghpura. Fake documents had been prepared pertaining to the 300 acres of land and its ownership. Complainant party at that stage approached Commissioner of 3 of 23 Police, Faridabad and a compromise dated 30.04.2016 was entered into with the accused party. In terms of the compromise two cheques for Rs.8,83,27,000/- and Rs.17,99,41,000/- were issued to the complainant company. The cheques were presented in Axis Bank, Branch Office Karnal but were dishonoured. Proceedings under Sector 138 of the Negotiable Instruments Act were initiated and are pending before the competent Court at Karnal. It is alleged that even the compromise was entered into by the accused party in a fraudulent manner and with a clear motive to grab money from the complainant party. In a nutshell allegations against the accused persons are of having committed fraud, forgery, hatching criminal conspiracy and having duped the complainant party of a sum of rupees about 28 crores.

"but accused bent to their criminal intentions, submitted another proposal with an intention to grab the money paid to them, to the effect that they are having ownership over land measuring 300 acres situated at Village Village Bakshipura and Udaisinghpur in Rajasthan. They also submitted some papers of said land before the complainant company. Both the said villages are situated in Tehsil Neem Ka Thana, District Sikar in Rajasthan. The accused also told the complainant that the said land is ideal for housing and commercial project and that the amount of rupees 17 crores paid earlier will be adjusted against payment of said project. In this connection an MOU was entered into with accused company Rossery Promoters Private Limited and Homestead 15 of 23 CRM-M-14814-2020 & CRM-M-18458-2020 (O&M) 16 Infrastructure Development Private Limited on 10.03.2014."

"Hence it reveals from investigation of instant case that accused Rakesh was authorized representative of Rossery Promoters Pvt. Ltd., 21, Chhatarpur Road, Mehrauli, New Delhi since year 2006. The said company is owned by Trilok Chaudhary and Rakesh was working under him. The said companies were indulged in purchasing land and develop 16 of 23 CRM-M-14814-2020 & CRM-M-18458-2020 (O&M) 17 projects on the same. The said company used to purchase land at various places and further sell out the same to the parties. So accused company Rossery Promoters Pvt. Ltd. was in need of land, hence the inhabitants of village Uday Singhpura and Bakshipura sold out the said land in order to meet their need of funds and entered into an agreement to sell. Sale deed regarding land measuring about 125 bigha, situated at village Bakshipura, got registered by Rossery Promoters Pvt. Ltd. Moreover, inhabitants of village Udai Singhpura sold land measuring about 140 bigha, possessed by them, in favour of Rossery promoters Pvt. Ltd. The said sale deeds are bearing signatures of Rakesh, vendors & witnesses. Homestead Infrastructure Development Pvt. Ltd., Asia Pacific Development Pvt. Ltd. & Jindal Pvt. Ltd. were in need of land, hence an agreement to sell regarding 105 bigha land executed between Trilok Chaudhary, Director of so accused company & Brij Bhan Bhadana. At that time, so accused company was having land measuring 10 acres at village Mewla Maharajpur, which entered into JDA on 14.03.2012 with Asia Pacific Development Pvt. Ltd. Said Trilok Chand was also Director of Dream Green Land Realtors Pvt. Ltd. Land measuring about 10 acres was situated at Village Mewla Maharajpur, Sector 43, Faridabad, which was owned by company belonging to Trilok Chand, The said land was to be used by Asia Pacific Development Pvt. Ltd., Jindal Building Pvt. Ltd. & Homestead Infrastructure Development Pvt. Ltd. for developing Housing project, for which, so accused company received a sum of 17 of 23 CRM-M-14814-2020 & CRM-M-18458-2020 (O&M) 18 Rs.14 crores. The complainant company was solely liable for obtaining licence and all other matters regarding said land. In this connection, a JDU was executed on 14.03.2012. According to Clause 8.3 & 8.4 of said J.D.A, it was clearly mentioned that in case any fault detected on account of said Trilok Chand, he will have to pay interest @ 12%. But according to the order passed by D.T.C.P., licence was not issued to all the said three companies because of the reason that they produced License of another company i.e. Best Deal, which was already defaulted by D.T.C.P. At that time, the said land was lying vacant for construction of Housing project. When D.T.C.P. called their representative, they did not appear for hearing, resulting which the said company could not get the license. They told accused Trilok Chand that your company is having land belonging to Forest Department, whereas the said land was actually not belonging to Forest Department, rather sale deed for said land was lying registered in favour of accused Trilok Chand & his company, record regarding which is enclosed herewith. The said company further asked Trilok Chand that you may provide us some other land in lieu of said land. In this connection, a Assets Management Agreement executed at Delhi on 10.03.2014, according to which, accused Trilok Chand was to provide clubbed land measuring about 300 bigha. At that time, company of Trilok Chand was having sale deed regarding land measuring about 125 bigha and remaining land was to be clubbed. No monetary transaction took place 18 of 23 CRM-M-14814-2020 & CRM-M-18458-2020 (O&M) 19 in lieu of land covered under said Assets Management Agreement and merely the said Assets Management Agreement was executed. Thereafter, the complainant company entered into a Settlement Agreement with Trilok Chand and obtained cheques for about Rs.26 crores from Trilok Chand, When Trilok Chand came to know that license for land, situated at Village Mewla Maharajpur, is not allocated due to the fault of complainant company, in which there is no fault on the part of his company, he got stopped the payment against cheques issued by him. Then the complainant company filed a case under Section N.I. Act, against Trilok Chand & his company before Ld. Court at Karnal. The complainant company did not pay any money against land situated at Village Uday Singhpura & Bakshipura, Tehsil Neem Ka Thana, Rajasthan, nor any deed executed regarding said land, nor any sale deed is registered in favour of complainant company. The land situated at Village Bakshipura is coming in the name of Rossery Promoters Pvt. Ltd., company belonging to Tirlok Chand, which is claimed to be forged by complainant company, whereas sale deed regarding said land is duly registered in favour of said Rossery Promoters Pvt. Ltd. According to khasra numbers of said land, no land is found having sold in favour of complainant company. Merely Assets Management Agreement regarding land, situated at Village Bakshipura & Udai Singhpura executed between Rossery Promoters Pvt. Ltd., and Homestead Infrastructure Development Pvt. Ltd. It is alleged by complainant company 19 of 23 CRM-M-14814-2020 & CRM-M-18458-2020 (O&M) 20 about providing land measuring 300 acres in Rajasthan, which is wrong, as land deals in Rajasthan are worked out in Bigha measurement & not in acres. The agreement to sell regarding land, situated at Village Uday Singhpura, was executed by so accused company with complainant company. Moreover, Rossery Promoters Pvt. Ltd. was not having any information as to whether the gifted land can be sold out or not. No forged documents prepared by the so accused company in connivance with Sarpanch, Gram Panchayat, Village Udai Singhpura. There is grudge between complainant company and Tirlok Chand & his company regarding monetary transactions, due to which reason, the complainant filed a case U/s 138 N.I. Act against Tirlok Chand, Director, so accused company & his company before Ld. Court at Karnal, which is still pending. A declaration has been duly passed by District Collector, Sikar, vide which, the gifted land, situated at Village Uday Singhpura, is freed from bar. Relevant papers in this regard are enclosed herewith. No sale deed regarding land, situated at village Udai Singhpura, is got registered by so accused company in favour of complainant company, nor anyone is put into its possession. There was merely a deal regarding land situated at village Mewla Maharajpur, which is still ideal for housing project. No one is put into possession over land, situated at village Udai Singhpura. There is case regarding mutual monetary transaction between complainant company & so accused company, which case U/s 138 N.I.Act is pending before 20 of 23 CRM-M-14814-2020 & CRM-M-18458-2020 (O&M) 21 Ld.Court at Karnal. It reveals from detailed investigation that entire matter relates to mutual dealing, which falls in civil nature.