BENGALURU: The Karnataka High Court refused to quash criminal proceedings initiated against the partners of Unishire Homes LLP and proprietor of SA Enterprises, based on a complaint filed by home buyers for cheating them, by selling apartments to third parties at Thanisandra in the city. The company had collected about 90-95 per cent of the total sale consideration 11 years ago from home buyers, after signing agreements with them.
“Prima facie the accused have played fraud on the home buyers, who are now left high and dry without the money they invested long ago and without their apartment, which they were hoping to have as a dream home. The fraud of the petitioners has crushed the dreams of poor home buyers. The developers cannot play with their lives, except in circumstances where there is a clear breach of contract or a particular home buyer has an axe to grind against the developers,” said Justice M Nagaprasanna, rejecting the petitions filed by the accused.
Accused 1 and 2 are Kirti K Mehta and Pratik K Mehta, in whose favour the sale agreements were executed by home buyers. Accused 3 is Abdul Latheef Jabbar, proprietor of SA Enterprises, while accused No 4 is Abdul Khadar Jabbar and accused No 5 is Anoop Lobo, signatories to sale deeds in favour of third parties and accused No 6 is the purchaser of the property from the hands of the proprietor of SA Enterprises. The petitions filed by the accused were rejected by court. However, the court allowed the petition filed by Abdul Khadar Jabbar and quashed proceedings against him because no offence was made out.