AVNESH SINGH CHAUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has preferred this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for quashment of FIR No. 99/2019 dtd. 9/2/2019, charge sheet bearing Criminal Case No. 240/2021 (Annexure P-1) pertaining to above FIR for the offence under Sec. 420 of the I.P.C. pending before the Chief Judicial Magistrate, Baloudabajar, Distt. Baloudabajar.

(2.) Brief facts of the case are that on 9/2/2019, the complainant Rajendra Kumar Bhatt, submitted a written complaint to the Police Station City Kotwali, Baloudabajar to the effect that, he has a savings account number 628201065353 in ICICI Bank, branch Baloudabajar. In the month of September, 2017, he went to above branch of ICICI bank for investing money. The petitioner, who was posted in that branch as Dy. Branch Manger, said him that the interest rate available in the ICICI bank is very less, if he invests money in Admiral Market, he will get good interest as, companies like Admiral Market, Forece Market Trading Photes, Life Forece etc. are very trustworthy, where the money remains safe and profitable. The petitioner gave all kinds of allurements. Under the influence of such things, the Complainant invested Rs.4,00,000.00 in Admiral Market for one year by giving check number 29967 of ICICI Bank, Baloudabajar branch on 12/9/2017. The petitioner assured him that he will get interest of Rs.4,000.00and its maturity date is 15/9/2018. From October, 2017 to December 2017, interest kept getting deposited in complainant's account, but after that, the interest stopped coming from the month of January 2018. When complainant told the petitioner about non-payment of interest to him, petitioner always assured him that complainant will get interest and principal amount, but the same has not been given to him, therefore, he lodged instant complaint. Based on above complaint, instant FIR has been registered and after investigation, charge sheet for offence under Sec. 420 of the IPC has been filed against the petitioner before the Chief Judicial Magistrate, Baloudabajar, for quashing of which, instant CRMP has been filed.

(3.) Learned counsel for the petitioner submits that, the petitioner has been falsely implicated in this case. The complainant on his own has invested Rs.4,00,000.00 in the Admiral Market and also got interest of Rs.4,000.00 per month from October, 2017 to December, 2017. When interest stopped coming in his account, he started blackmailing the petitioner saying that if the petitioner does not give him interest of Rs.4,000.00 per month, then he will implicate petitioner. It is further submitted that considering the above facts, the petitioner has been granted anticipatory bail by this Court vide Annexure P-3. It is submitted that the FIR in question has been lodged to defame the petitioner with ulterior motive by the complainant/respondent No. 4. The complainant has given Rs.4,00,000.00 to Sushil Muley/ respondent No. 5, who is proprietor of Admiral Market and memorandum of understanding was executed between them, the petitioner has nothing to do with the transaction between them. Said respondent No. 5 has not been made accused in the charge sheet. It is submitted that the incident is of the year 2017, whereas FIR has been lodged on 9-2-20219, therefore, there is long delay in lodging the FIR. The chances of ultimate conviction are meek in the matter and no useful purpose is likely to be served by allowing criminal proceedings to continue. Hence, learned counsel for the petitioner submits that instant petition may be allowed and the FIR in question and the charge sheet pertaining to above FIR may be quashed.