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TMI Blog2022 (8) TMI 1091X X X X Extracts X X X X X X X X Extracts X X X X ..... f of other opposite parties no.4 to 9 and 11 to 27 also within one week and learned A.G.A. for the State. By means of this petition, petitioner has sought quashing the First Information Report dated 03.08.2022 bearing Case Crime No.0514 of 2022 for the offence under Sections 352, 406, 420, 477, 506 I.P.C. registered at Police Station-Gomti Nagar, Lucknow. The contention of Sri S.C. Mishra, learned senior counsel appearing for petitioner in nutshell is as under:- (i) The petitioner had an agreement with Rohtas Projects Limited with regard to the premises in question, copy of the said agreement has been annexed as Annexure No.5 to the writ petition. The informant- opposite party nos. 4 to 27 were not party to the said agreement, however, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r herein, albeit, after filing of the F.I.R., wherein the prayer is to allow the present application and permit the applicant to deposit the rent under the Lease Deed for the period from 01.012018 to 15.07.2022 (without GST) after adjustment, before this Hon'ble Tribunal, as stated in paragraph-31 of the present application. (iv) The contention of Sri Mishra is firstly, that, the third party rights were created by Rohtas Projects Limited without complying with the terms and conditions agreed upon vide agreement, a copy of which is annexed as Annexure No.5 to the writ petition. Secondly, irrespective of it, the dispute essentially between the petitioner and private opposite parties is, with regard to the rent which is an issue pending b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a third party in spite of the fact that he was fully aware that the premises have been sold off by Rohtas Projects Limited to the private opposite parties who were entitled to claim rent from the petitioner, consequent to the said sale deed. Sri Pritish Kumar, learned counsel further submitted that prior to initiation of proceedings under Section 4/7 of the Code, 2016 and the subsequent proceedings under Section 66, the rights of the private opposite parties had already been perfected consequent to the sale deed executed by Rohtas Project Limited in their favour, to which Sri Mishra says that as already asserted by him, the sale deed itself was in violation of the terms and conditions agreed between the petitioner and the Rohtas Project Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... premises in question before the NCLT as has already been noticed while mentioning the submissions of the rival parties hereinabove and prima facie the dispute does appear to be of a civil nature. Whether the proceedings are maintainable before the NCLT or not is an issue to be raised by the private opposite parties before NCLT. The dispute is essentially regarding rent for the period 2018 and thereafter, which is precisely the issue pending before the NCLT. It is a moot point as to how far element of criminality is involved in the matter if the dispute can be raised before other forums as per law and has been raised as claimed by the petitioner. Therefore, while investigation shall go on and the petitioner shall appear before the investig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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