ORDER :- The order dated 18-2-2003 having been challenged in criminal misc. application No. 2053 of 2003 and criminal Revision No. 935 of 2003, both the cases are being decided by a common judgment.

2. The applicant Shobhit Gupta and revisionist Gulab Gupta are accused in the Criminal Case No. 1784 of 2002 L. N. Agarwal v. Focus Trading Pvt. Ltd. and others. The allegations made in the complaint are that in pursuance of an advertisement made in the National newspaper, the complainant came to know that City and Industrial Development Corporation of Maharashtra (hereinafter referred to as CIDCO) owned land in Nerul Mumbai over which Focus Trading Pvt. Ltd. accused No. 1 was authorised to construct flats for the purchaser of the plot. Induced by the advertisement the complainant approached the accused persons and offered to purchase plot No. 180 Sector No. 21 Nerul Mumbai for the construction of duplex flat No. 5 in proposed Om cottages. The letter of intent for reservation was signed on 2-2-1995 by the complainant and accused No. 2 the revisionist with the approval of accused No. 3 and a sum of Rs. 3,15,250/- was paid by the complainant to Focus Trading Pvt. Ltd. through demand draft

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