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2023 Supreme(P&H) 293

HARKESH MANUJA
Prem Arora – Appellant
Versus
Dewan Housing Finance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vivek Suri, Advocate
For the Respondent:Mr. Harsh Chopra, Advocate

JUDGMENT :

HARKESH MANUJA J.

1. By way of present petition filed under Section 482 Cr.P.C., prayer has been made for quashing of order dated 09.03.2018 passed by the Court of Addl. Sessions Judge, Faridabad; whereby revision petition filed at the instance of respondents was allowed and the matter was remanded back to the trial Court for passing a fresh order upon the summoning of respondents.

2. Briefly the facts stated in the complaint are that M/s Adel Landmarks Limited (hereinafter referred to as ‘developer’) announced a real estate project in the name of “Era Divine Court” Sector 76, Faridabad in the year 2011; on its inducement the complainant i.e. the petitioner booked one flat No.1508, Tower A-2, Sector 76, Faridabad and made payment of Rs.24,99,549/- after obtaining a loan for a sum of Rs.15,88,400/- from respondent No.1. It has been further stated in the complaint that the developer and its Director/Managing Director, in collusion with respondent No.1 cheated the petitioner and other innocent buyers having made illegal gains. The relevant portion of allegations against the respondents as made out in Para 5 of the complaint are reproduced hereunder:-

“That the accused No.1-7 in

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