2015 Supreme(Bom) 2121
IN THE HIGH COURT OF BOMBAY
R.V. More, Anuja Prabhudesai, JJ.
Nilesh Mahendra Tanna - Appellant
Vs.
The State of Maharashtra and Ors. - Respondents
Criminal Application No. 01 of 2014
Decided On: 19.03.2015
Advocate Appeared:
For the Appellant: Shubhash Jha i/b Subhash Hulyalkar
For the Respondents: K.V. Saste
Headnote:Criminal Procedure Code, 1973 - Section 482 Indian Penal Code, 1860, Sections 420, 467, 468, 479, 470 and 34 Quashing of FIR. - Where two FIRs registered on different dates against same accused in respect of same crime in two different police stations therefore FIR registered subsequently cannot be quashed treating same as second FIR. It is, therefore, evident that two different complainants have filed two different complaints against the same accused in respect of the same crime before two different police stations. The information given by the respondent No. 2 was first in point of time vis-a-vis the information given by Aniruddha Deshpande. The mere fact that the Crime No. 603 of 2013 was registered on 24.12.2013 would not make it a second FIR, as what is relevant is the date on which the information is given and not the date on which the offence is registered. Court is, therefore, unable to accept the contention of counsel for the applicant that the FIR No. 603 of 2013 lodged by the respondent No. 2 is a second FIR.
Anuja Prabhudesai, J.
1. Heard learned Counsel for the respective parties. Rule. Rule is made returnable forthwith. By consent, both the applications are taken up for final hearing.
2. By this application, filed under Section 482 of the Cr.P.C., the applicant seeks quashing of FIR No. 603 of 2013, registered at Hinjawadi Police Station, Pune under Sections 467, 468, 469, 470, 420 r/w 34 of the IPC.
3. The facts relevant for disposal of these applications, briefly stated are as under.
The respondent no.2-original complainant is a partner of M/s. Rama Synergy Sweses engaged in construction business. The applicant Nilesh Tanna is one of the Directors of NHK Developers, JBRS Pvt. Ltd. and the Managing Director of M/s. N. Square Realities. The respondent no.2 had lodged a report dated 12.04.2013 before Hinjewadi Police Station alleging that the applicant Nilesh Tanna and other partners/Directors of the said companies had represented to the respondent no.2 that they had entered into transaction/MOU with different land owners for purchase of land admeasuring 200 acres situated at village Marunji, Pune. In November, 2011, the applicant and other partners/directors proposed to sell to the respondent no.2, a portion of the said land admeasuring 50 acres for total consideration of Rs.130 crores. They also showed to the respondent no.2 MOU executed between them and the original land owners for sale of 200 acres of land. The respondent no.2 was informed that initially the land would be purchased in the name of NHK Developers, N. Square Pvt. Ltd. Companies and J.B.R.S. Pvt. & Investment Ltd. Co. and after obtaining proper permission/license, a portion of the said land admeasuring 50 acres, would be transferred in the name of M/s. Rama Synergy Sweses, of which the respondent no.2 is a partner.
4. Pursuant to the negotiations held on 8th May, 2012, an agreement was executed between M/s. Rama Synergy Sweses and NHK Developers, S. Square Realities Pvt. Ltd. Company and JBRS and Investment Pvt. Ltd. in respect of sale of land admeasuring 50 acres for a total consideration of Rs.130 crores. It was agreed that if the transaction was not completed within the stipulated time, the vendors would return the money with interest at the rate of 18% per annum. In terms of the said agreement, respondent no.2 paid a sum of Rs.12 crores to M/s. NHK Developers by RTGS.
5. The applicant and the other directors avoided giving copies of the development agreements and the power of attorney. Upon persistent insistence, the respondent no.2 was given a copy of a document, stated to be "term sheet", wherein it was mentioned that NHK Developers and one Aniruddha Deshpande were going to make transaction of sale and purchase of land at village Marunji, Tal. Mulshi, Dist. Pune. The respondent no.2 had alleged that on 23rd April, 2012 he had contacted Aniruddha Deshpande, one of the land owners who had allegedly agreed to sale the land to the applicant and others Directors. Said Aniruddha Deshpande informed the respondent no.2 that he did not know the applicant herein and that he had not entered into any transaction for sale of the property.
6. The respondent no.2 alleged that the applicant and the others had induced him to pay Rs.12 crores on the basis of forged documents. He, therefore, lodged a complaint dated 12.04.2013 with the Hinjawadi Police Station, pursuant to which, C.R. No. 603 of 2013 came to be registered under Sections 467, 468, 469, 470, 420 r/w 34 of the IPC.
7. Shri. Jha, learned Counsel for the applicant has submitted that the dispute is essentially of civil nature. Learned Counsel for the applicant has further submitted that pursuant to the complaint lodged by Aniruddha Deshpande on 12.04.2014, Deccan Police Station has registered FIR No. 226 of 2013 for the offence punishable under Sections 420, 467, 468, 471 r/w 34 of the IPC. He has stated that the statement of Rajkumar Punjabi respondent no.2 has been recorded in the said crime. He has further sub