ANIL BOTHRA Vs. STATE

JUDGEMENT

(1.) The Petitioners invoke the inherent powers of this Court under Section 482 Cr.P.C. for quashing of charge for the offence punishable under Sections 420/34, 406/34 and 506(ii)/34 IPC.

(2.) A criminal complaint was preferred by the complainant Ashish Begwani alleging that the three Petitioners approached the complainant and allured him to deposit his money with their firm as they had a very flourishing and lucrative business and the complainant would be paid interest @ 24% per annum. The complainant was lured by the representations made by the Petitioners and made a deposit of Rs. 3,50,000/- for which certain promissory notes, receipts etc. were executed by the Petitioners. According to the averments made by the complainant when the complainant approached the Petitioners for payment of interest and return of money, initially they made false excuses and later on became unavailable. According to the complainant, the Petitioners conduct created reasonable apprehension about the dishonest intention of the Petitioners and on re-examination the receipt dated 15.12.1998 of Rs. 1,00,000/- executed on behalf of the firm Anil Textiles, its proprietor, Petitioner Shanti Lal Bothra had put different signatures than those on the other receipts. In the complaint, it was further stated that the Petitioners extended threat to kidnap and murder the complainant.

(3.) By an order dated 06.12.2010, the learned Metropolitan Magistrate("MM") found prima facie case against the Petitioners under Sections 406/420/506/34 and framed the charges against the Petitioners.