MANMOHAN SINGH, J.

1. By this order, I propose to decide five anticipatory bail applications, filed by Tara Chand Lumbchand Jain, Ramesh Kumar Hazarimal Chouhan, Champatlal Jain, Madanlal Babulal Chowatia, Sharad Babulal Jain, Ashok Babulal Jain, Naina Ashok Jain and Anujkumar Tarachand Jain, under Sections 438 & 482 Cr.P.C. seeking pre-arrest/anticipatory bail with directions to the Investigating Officer/Arresting Officer in case FIR No.313/2014, under Sections 420/406 IPC, P.S. Kirti Nagar, Delhi to release the petitioners in the event of their arrest in the said case.

2. With regard to sixth petition, i.e. Crl. M.C. No.231/2015 filed by 8 petitioners under Sections 482 Cr.P.C., the prayer is made for quashing of the order dated 28th May, 2014 as well as for quashing of non-bailable warrants issued against them by order dated 11th September, 2014 and also the orders dated 27th October, 2014 and 3rd December, 2014 issuing process against the petitioners under Section 82 Cr.P.C. and all the proceedings emanating therefrom, passed in the above said FIR No.313/2014 and CC No.72/3 by the Metropolitan Magistrate, Tis Hazari Courts, Delhi.

3. All the parties have made their submissions. Since the facts are common, all the petitions are being decided by this single order.

4. The complaint was filed by respondent No.2 Hitesh Kothari under Section 156(3) Cr.P.C. on 18th December, 2013 seeking registration of FIR at PS Kirti Nagar, New Delhi. The main contents of the complaint read as under:

“I, Hitesh Kothari S/o Sh. Jayantilal Kothari R/o E-88, Kirti Nagar, Delhi-110015 submits as under:

1. I live at the aforesaid address with my family and Sh. Champatlal Babula Jain R/ o .4Q-20-52, Nirmal Pragi Nagar, Tikkal Road Vijayawada-520 008 who is doing the business of real estate is my relative and is also a partner in M/s. Suraj Constructions, 27-37-IA, Second Floor, Gopal Reddy Road, Governorpet, Vijayawada-520 001 also having his office at Ripple Mall, Mahatma Gandhi Road, Labbipeta, Vijayawada-520 002.

2. Sh. Champatlal Babulal Jain was insisting upon me to invest in his projects and on 20.04.2007 he came to my house and represented that he is constructing a mall cum multiplex “Ripple Mall” at M.G. Road Vijayawada and the price of same is going very high in property market and I can earn very good profit if I purchase some area in his mall. I was not interested in purchasing the property but he assured & represented me that he is my close relative and I must purchase space in his mall. He further represented me that the entire deal is transparent and the property/space shall be allotted to me as soon as the construction is completed lie further offered me to allot 5000 sq. ft. (Supper built up) @ Rs.9500/- per sq. ft. amounting to Rs.4,75,000/- (Rs.Four crores and seventy Five lacs only) on the ground floor of the mall. He further offered me to allot 3000 sq. ft. (Super Built up) @ Rs.8,000/- per sq. ft. amounting to Rs.2,40,00,000/- (Rs.two crores and Forty lacs only) on the first floor of the mall. In other words, he represented me to allot total area of 8000 sq. ft. for a total consideration of Rs.7,15,00,000/- (Its seven crores and Fifteen lacs). I further stated to him that I am living at Delhi and it is not possible for me to monitor the project at Vijayavada but on that he again assured me that he is already there and I need not to come to Vijayvada personally and payments can be mace from Delhi from banking channels from time to time. He further assured me that he will keep me informed about the project.

4. Allured by his presentations and keeping in view the fact that he is my close relative and there was no reason to disbelieve him. I agreed to purchase the space in the mall and entered into an agreement dated 20.04.07 with Sh. Champatlal Babulal Jain at my house at Delhi. As per the agreement I also paid him Rs.