STATE OF MAHARASHTRA Vs. SAYED MOHAMMED MASOOD

JUDGEMENT

(1.) Leave granted.

(2.) The State of Maharashtra is before us aggrieved by and dissatisfied with a judgment and order dated 3rd March, 2008 passed by a Division Bench of the High Court of Judicature at Bombay in Criminal Writ Petition No. 2333 of 2007 quashing a First Information Report ("FIR") lodged by the respondent No. 2 herein at the Cuff Parade Police Station, Mumbai.

(3.) The first respondent is the Chairman-cum-Managing Director of M/s. City Limouzines (India) Ltd. (hereinafter called and referred for the sake of brevity as, "the said Company"). He established the said Company. A scheme known as "Go/Vehicle on rental basis and earning by sitting at home" was floated. In terms of the said Scheme, assurances were given to the people for earning money in easy way. A public advertisement was also issued in a newspaper. They also issued pamphlets and thereby attracted huge investments. In terms of the said Scheme, Rs. 97,907/- was to be invested in rent a car scheme wherein agreement was executed inter alia providing that the car would be purchased in the name of investor but would be used by the Company on rent to others wherefor the investor would receive a sum of Rs. 4,000/- per month for a period of five years. After 60 months, i.e., at the end of the agreement, the investor may take back his car in proper working condition. It was equally provided that an investor was entitled to inspect the vehicle given on lease/rent once in three months upon giving 15 days prior notice.