SAMELAL DIWAKER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition has been preferred invoking the provisions of Sec. 482 CrPC seeking relief of firstly quashment of order dtd. 19/10/2015 passed by the Judicial Magistrate First Class, Nawagarh, Distt. Janjgir Champa in Criminal Case No. 352 of 2015 and secondly; for the quashment of entire criminal proceedings initiated against the petitioners in Crime No.231 of 2014 registered at Police Station, Nawagarh, which has subsequently been put to trial in Criminal Case No.352 of 2015 pending before the JMFC, Nawagarh, District Janjgir Champa.

(2.) Facts in nutshell necessary for adjudication of this petition are that one Gitaram Baghel lodged a complaint before the police authorities intimating that the petitioners together had floated a company in the name and style of Super India Marketing Pvt. Ltd. It is said that giving large hopes of great returns on the investment to be made in the said company, the respondents are stated to have collected huge amount of money from the large number of villagers for and on behalf of the company. The said complaint was registered as Crime No.231/2014.

(3.) After investigation, the petitioners herein were all arrayed as accused persons in the First Information Report. The petitioner No.1-Samelal Diwaker, one of the accused, was said to be an agent on behalf of the company. It is stated that subsequently when the said complainant inquired from the Bank authorities, he was informed that there was no such company operating in the area. Doubting the credibility of the company, the complainant went for withdrawal of his money which he had given to petitioner No.1-Samelal, an agent of the company. The petitioner No.1 tried to avoid releasing of the payment on some pretext or the other and finally said that he too is not aware as to who is the actual owner of the company and that he too has been kept in dark, and therefore, the petitioner No.1-Samelal found it difficult in making the repayment to the complainants.