TDI INFRATECH LIMITED vs GOVERNMENT OF NCT & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 24th March, 2025 + W.P.(CRL) 2081/2020 & CRL.M.A. 17285/2020 & CRL.M.A. 19175/2021 TDI INFRATECH LIMITED .....Petitioner Through: Ms. Kanika Agnihotri, Ms. Sonakshi Chaturvedi and Mr. Himaghu Jain, Advocates versus GOVERNMENT OF NCT & ANR. .....Respondents Through: Mr. Sanjay Lao, SC with Mr. Abhinav Arya, Advocate with SI Kuldeep Yadav, P. S. Barakhamba Road, Distt. New Delhi CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The instant writ petition under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)] has been filed on behalf of the petitioner seeking quashing of the FIR no. 57/2020, dated 28 th July, 2020, under Section 406/420 of the Indian Penal Code, 1860 (hereinafter “IPC”), registered at Police Station – Barakhamba Road, New Delhi. 2. The brief facts that led to the filing of the present petition, as per the FIR, are that the petitioner company is a real estate developer. In the year Signature Not Verified Digitally Signed By:PRAVEEN KUMAR BABBAR W.P.(CRL) 2081/2020 Page 1 of 19 Signing Date:24.03.2025 18:49:13 2006, respondent no. 2 approached the petitioner-company to invest in the real estate market. Respondent no. 2 registered himself for allotment of a commercial plot admeasuring 204 sq. yards in one of the future projects yet to be developed by the petitioner-company. 3. It is alleged that the location of the project was yet to be disclosed by the petitioner-company. Pursuant to the same, respondent no. 2 deposited a sum of Rs. 8,00,000/- vide cheque dated 13th April, 2006 as the initial booking am