MANOJ PRABHAKAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard petitioner's counsel and the learned A.G.A.

(2.) This writ petition has been filed by Sri Manoj Prabhakar for quashing the first information report dated 9.8.1999, on the basis of which Case Crime No. 1444 of 1999 under Sections 420, 406 and 471, I.P.C. has been registered at P. S. Haldwani, district Nainital against the petitioner and two others.

(3.) The prosecution story as narrated in the first information report is that about 1-1/2 years ago the petitioner along with Sri Divya Nautlyal and Sri Umesh Chand came to the shop of the complainant and persuaded him to invest money in APACE Savings & Mutual Benefit (India) Ltd. telling him that he would gel ten per cent interest and after a period of fifteen months, the rate of interest would be three per cent per month on the deposited amount. The complainant induced by the said allurement of the petitioner and his companions opened two accounts in the aforesaid company and deposited Rs. 50 per day for 15 months. When co-accused Umesh Chand did not come to collect instalments, the complainant went to the office of the company and found that the same has been closed. Neither his money nor interest was refunded to him. It is specifically alleged that the petitioner and his co-associates have dishonestly misappropriated his money amounting to Rs. 35,000 approximately by deceitful means.