Builder has fraudulently collected Rs. 26 lacs from us towards purchase of dwelling unit.
We have filed an APPLICATION UNDER SECTION 156(3) Cr.P.C.
CRIMINAL COMPLAINT UNDER SECTIONS 406, 420, 467, 468, 471, 34, 120-B AND 506 OF INDIAN PENAL CODE.
Against Directors/Officers of XXX Limited. However, we have not made the Company as a party.
The builder does not hold a license to build a group housing complex neither nor does he hold legal title on land. He has signed an unregistered MOU with the owner (Countrywide Promotors Pvt Ltd) of the land to attain development and marketing rights.
Based on the pre summoning evidence recorded in this manner the Ld. Magistrate was pleased to issue a summoning order thereby summoning the Petitioners for offences committee under section 406,420,506,120B,467,468 and 471 IPC.
Aggrieved by the summoning order the Petitioners (builder) have impugned the said summoning order of the Ld. Trial Court by way of revision petition brefore Sessions Court on the ground that the company itself is a juristic person, hence was required to be impleaded as a necessary party.
Request you to kindly suggest if any remedies are available for us.