TaxTMI 
TaxTMI 
2021 (11) TMI 1224
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.... (Sections 467, 468, 471 and 120-B IPC added later on), registered at Police Station Sector-10, District Gurugram, who apprehended their arrest at the hands of Police, in the above FIR. 2. The above FIR was registered on the statement given by Rajat Goel, which reads as under:- "That the FIR has been lodged on the complaint of Rajat Goel of M/s MRG Infra build Pvt. Ltd. (hereinafter called as MRG) alleging huge fraud and repeated cheatings and causing loss of more than 5 Crores to M/s MRG of the complainant by Murliwala Realcom Pvt. Ltd. (hereinafter referred as Murliwala) and Maxworth Infrastructures Pvt. Ltd. (hereinafter called as Maxworth) through their directors Amarjeet Dhillon and Sushil Kaudinya. In June 2018 Amarjeet Dh....
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....ent entity. In addition, B-801 has been allotted also to one Tarun Kumar. These third-party rights have been created in complainant's flats and committed forgery by making false documents with criminal intent causing damage/injury to the complainant by availing loan facility from the bank with intent to commit fraud against MRG. It was also discovered that National Company Law Tribunal through order dated 1.2.2021 had allowed for the insolvency proceedings for Maxworth which further jeopardizes complainant's interest in the collateral assets including pledge of shares in both the companies of the accused. The complainant MRG had repeatedly expressed that they want to pay their balance dues in relation to 20 flats purchased by them a....
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....ats by petitioners' company was also purchased by the complainant for a total sale consideration of Rs. 10.16 crores and against that a sum of Rs. 3.25 crores was paid to the seller, whereas an amount of Rs. 7.16 cores is outstanding. Mr. Rai, learned Senior counsel has drawn the attention of the Court to the admissions in the FIR itself, wherein the complainant has expressed its willingness to complete the business deal and to make the balance payment to the accused towards the purchase price. He submits that the dispute if any, between the parties is purely of civil nature and prosecution case is based upon documentary material, therefore, custodial interrogation of the petitioners may not be necessary. Notice ....
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....mmissioner of Police, Staff Officer, Gurugram and argued that the petitioners had agreed to transfer 20 flats in favour of complainant-company for a total sale consideration of Rs. 10.36 crores, and a sum of Rs. 3.20 crores was received by them pursuant to the buyer agreement dated 14.09.2018. Learned State counsel has further argued that out of these flats, 5 were either already sold or under mortgage with the bank, which had extended the finance facility to the buyers (third parties). Apart from it, 3 flats were mortgaged with the Indian Bank. 7. Mr. Parmar, learned State counsel has argued that at the time of entering into the transaction, a register was shown to the complainant by the representatives of the accused to misgu....
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....cence transferred in favour of the complainant from the office of the Directorate of Town & Country Planning, Haryana. He states that the said request has been approved in-principle and in this regard, he has invited the attention of the Court to the communication dated 26.02.2019 (Annexure P-4). He has vehemently argued that against the total sale consideration of this deal, a balance sum of Rs. 12.76 crores still remains to be paid by the complainant to the accused companies, and the petitioners are also willing to settle the accounts and dispute with the complainant. He further states that the petitioners served legal notice dated 09.07.2021 (Annexure P-8) upon the complainant, thereby asking the complainant to pay the balance amoun....
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....;10.36 crores, who is still ready and willing to complete the contract, and is also ready to make the balance payment to the accused company. Admittedly, after execution of this contract in the year 2018 till the registration of the case, no steps were taken by the complainant seeking implementation of the said contract and the said deal is incomplete as far as transfer of title is concerned. The accused company has also expressed its intention to amicably conclude the deal, as according to it, the complainant is yet to make the balance payment of consideration towards their previous agreement relating to 'Affordable Group Housing Soceity', Sector-89, Gurugram. 11. During the course of hearing, learned State counsel has fairly st....