ROMESH KUMAR SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Sec. 482 of CrPC has been filed assailing the order dtd. 16/2/2015 passed by the Second Additional Sessions Judge, Raigarh in Criminal Revision No. 165 of 2015 dismissing the revision petition preferred by the Petitioner against the order dtd. 8/9/2014 of the Chief Judicial Magistrate, Raigarh passed in Criminal Case No. 754 of 2014 whereby the charges of offence punishable under Ss. 120-B, 420, 467, 468 and 471 of IPC were framed against the Petitioner.

(2.) Brief facts relevant for the adjudication of the present petition are that the Petitioner and the other accused persons is said to have established a company named as 'Neelam Traders' showing themselves to be traders of coal. They had allured the poor villagers for making investments in their company with an assurance that they will be given 5% dividend from the said company. Coming under the impression of the Petitioner and the other accused persons the people started making investment by depositing money with the Petitioner and with the other accused persons individually. Initially, the Petitioners gave some dividends to the same persons so invested, but after some time the payment of the said dividend was closed. Now with an intention of further collecting more money from the public, the Petitioner conspired among themselves and is said to have issued a cheque of Rs.2.5 Crore in the name of a co-accused Chandrahas Dubey projecting him to be the beneficiary by virtue of his investment in the company. Thereafter further huge investments were also made by the general public taking into consideration the alleged money which the said Chandrahas Dubey had received. Subsequently, the Petitioner and the other accused persons closed their bank account and after closing it also they continued to issue cheques to the people from the accounts which were closed and which further prompted more people to invest with the Petitioner's company.

(3.) An FIR in this regard was lodged by one of the Complainants on 19/6/2014 upon which Crime No. 188 of 2014 was registered at Police Station Chakradharnagar, District Raigarh. In due course of time, after investigation the police authorities filed a charge-sheet before the Court below and the matter was put to trial in Criminal Case No. 754 of 2014 before the Chief Judicial Magistrate, Raigarh who proceeded with the trial and framed the charges against the Petitioner for the offence punishable under Sec. 120-B, 420, 467, 468 and 471 of IPC. Pending the trial before the Court below, an application under Sec. 320(1) and 320(2) of CrPC was filed seeking for permission to compound the offence stating that the Complainants are agreed to settle the dispute and they did not intend to prosecute the accused persons any further. On this application, learned Chief Judicial Magistrate vide its order dtd. 16/2/2015 has partly allowed the application to the extent of granting permission to the Complainants for compounding the offence under Sec. 420 of IPC with the accused persons. However, the said Court refused to grant permission for compounding the remaining offence i.e. under Sec. 120-B, 467, 468 and 471 of IPC.