LAWS(CHH)-2018-12-85

ANUP KANAKARWAL Vs. STATE OF CHHATTISGARH

Decided On December 13, 2018
Anup Kanakarwal Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Since both the revisions arise out of a common order, they are disposed of together by this common order.

(2.) The instant revisions have been preferred against the order dated 24.10.2017 passed by the Special Judge under the Chhattisgarh Protection of Depositors' Interest Act, 2005 (henceforth 'the Act of 2005'), Raigarh in Special Case No.2 of 2017, whereby the Special Judge has framed charges against both the Applicants under Sections 420/120B and 409/120B of the Indian Penal Code and Section 10 of the Act of 2005 read with Section 120B of the Indian Penal Code.

(3.) Facts, in brief, are that two different complaints were separately made by Complainants Vivek Shrivastava and Tez Ram Patel against both the Applicants and other persons alleging that in the year 2011 the present Applicants and other persons came to the Complainants and told that they are agents of one chit fund company, namely, Guru Sai Real Estate and Allied Limited and they alluring the Complainants that their money will be doubled within a period of 6 years asked them to deposit/invest money in the said company. They, frequently alluring the Complainants, got Rs.50,000/- deposited in the company from Complainant Vivek Shrivastava and Rs.5,00,000/- from Complainant Tez Ram Patel. Next day, they gave internal cheques and bonds to the Complainants and told them that on being deposited the said cheques and bonds at Raipur they will get their money. After 1 year, the Complainants went to the office of the company at Raipur, but they found there that the office of the company was locked and the officials of the company had absconded. On the basis of the complaints, offence has been registered and vide the impugned order dated 24.10.2017, the Special Judge has framed the charges against the Applicants as mentioned in the second paragraph of this order. Hence, the instant revisions.