Sanjay Kaushish & Anr vs State & Anr on 10 March, 2016

Crl.M.C. 4272/2014 Page 1 of 13
2. The facts, in brief, are that the respondent No.2/complainant-
Splendor Landbase Ltd. got lodged the FIR in question against the
petitioner Sanjay Kaushish and his son Karan Kaushish with the
allegations that both the accused persons approached the complainant
company in January, 2013 and offered to sell plots of land bearing
Nos.8601 to 8630 admeasuring 5444 sq. yards situated at Desh
Bandhu Gupta Road, Paharganj, New Delhi which was commonly
known as ‘Shiela Cinema Complex’. Accused Sanjay Kaushish
represented himself to be an absolute owner and in possession of the
said property; it was claimed that the said property was free from any
claim; he had applied for getting the said property converted from
leasehold to freehold and he would get the plan of the property
approved from the authority concerned. The complainant agreed to
purchase and re-develop the said property and had paid Rs.5 crores to
accused Sanjay Kaushish by way of cheques along with a brief term
sheet vide cover letter dated 15.01.2013 which was accepted by
accused Karan Kaushish. It was further agreed that the complainant
company shall pay a sum of Rs.10 crores to the accused persons upon
their handing over physical possession of the freehold property. It was
further agreed that in case accused persons fail to get the property
converted to freehold within two months, they shall return Rs.5 crores
along with interest @ 3% per month and additional Rs.5 crores as
compensation/ damages. It was further alleged that the accused
persons defaulted in getting the property converted to freehold. They
handed over three cheques of Rs.50 lacs each and four cheques of Rs.1
crore each. The cheques of Rs.50 lacs each were encashed when

Crl.M.C. 4272/2014 Page 2 of 13
presented for payment. The complainant company deposited three
cheques of Rs.1 crore each, but the same were dishonoured.
Thereafter, a notice dated 23.10.2013 was issued to the accused
persons and in reply dated 07.11.2013, it was claimed that the accused
persons were not the absolute owner of the said property. It was also
claimed by the accused persons that the cheques were not issued
towards any obligation to repay any debt/liability. Vide letter dated
10.12.2013, accused persons agreed that they were ready to pay Rs.3
crores to the complainant towards full and final settlement of all
claims.

Source: Indian Kanoon

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