ORDER :

1. This is a petition filed under Section 482 Cr.P.C for quashing Annexure-A2 first information report (FIR) in Crime No.829/2016 of the Thrikkakkara police station.

2. The aforesaid case was registered under Sections 406 and 420 read with 34 I.P.C on the basis of Annexure-A1 complaint made by the second respondent (hereinafter referred to as 'the complainant') to the police.

3. The material averments in Annexure-A1 complaint can be stated as follows: The first accused is a public limited company. The third accused is the owner and the Managing Director of the first accused company. The complainant entered into an agreement with the first accused for purchasing apartment No.1306 in the apartment complex proposed to be constructed by the company. The complainant paid a total amount of Rs.32,00,000/-to the company. As per the agreement, the construction of the apartment had to be completed within ten months of the agreement executed in the year 2011. However, the accused failed to comply with the terms and conditions of the agreement and to complete the construction of the apartment within the stipulated period. A fresh agreement was executed on 10.09.2015 by the complainant and