SUNDER MOHAN
HDFC Ltd. , Represented by its Chairman, Mr. Deepak S. Parekh – Appellant
Versus
Daniel Samuel – Respondent
ORDER :
[PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records in C.C. No. 4081 of 2019 on the file of the IX Metropolitan Magistrate, Saidapet and quash the same as not maintainable.]
The petition is to quash the complaint filed in C.C. No. 4081 of 2019 before the IX Metropolitan Magistrate, Saidapet, for the alleged offence under Section 500 of the Indian Penal Code.
2. It is alleged in the complaint that the complainant and his wife had entered into an agreement with the developer by the name 'Tata Realty and Infrastructure Limited for the purchase of a residential apartment at Kochi for a total sale consideration of Rs.3,00,11,895/-; that the complainant paid a sum of Rs.63,50,384/- and had approached the first petitioner for a housing loan for a sum of Rs.2,46,00,000/-; that a triparte agreement dated 15.07.2015 was entered into between complainant, his wife, the first petitioner and the developer; that the first petitioner in collusion with the developer disbursed the loan amount of Rs.2,42,98,578/- even before the completion of construction, contrary to the terms of the triparte agreement; that the first petit
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