AMLESHBHAI MANORANJANDAS BANERJEE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant-original accused has prayed to quash the First Information Report bearing Crime Register No.I- 214 of 2012 registered on 26th September, 2012 with Pardi Police Station, Valsad in respect of offences under Sections 406 and 420 of the Indian Penal Code, 1860.

(2.) As per the allegations in the F.I.R., the complainant stated that before about two-and-halfyears, one Babubhai Hanpati of her village told her that his friend one Dharmedrabhai Tandel was to go to attend a meeting in respect of investment of money. The meeting was convened by one Satyendrabhai Yadav and that in that meeting, a scheme would be explained whereby the money would be doubled within a period of six months. The first informant stated that upon so being informed, she had gone to the meeting place. Other five persons were also present. Said Satyendrabhai stated that he was the owner of a company-Ashutosh Real Estate Company and that he had floated a scheme for doubling the money within six months. The complainant stated that she was asked to invest the money in the scheme.

(3.) In February 2010, alleged the complainant, without taking her into confidence and that without executing any writing, the applicant accused took Rs.05,500/- as first installment. Other persons and relatives had also participated in the scheme by giving money. It was alleged that said Satyendrabhai had promised for making the money doubled. At the end of the period of six months, when the first informant and other demanded the money back, said Saytendrabhai stated that since the company was required to pay the tax, the cheques given by the company should not be encashed for some time. However, the money was never paid thereafter and said Satyendrabhai was avoiding the payment of money promised. Therefore, the complaint came to be filed.