PAWAN VARSHNEY Vs. STATE

JUDGEMENT

(1.) The petitioner Pawan Varshney has preferred present writ petition with the prayer to issue a writ of certiorari quashing the summoning order dated 1.5.2010, under Section 420 I.P.C., passed by Additional Chief Judicial Magistrate, court no.3, Aligarh in Complaint Case No.238 of 2010 vide Annexure No.6 to this petition. Challenge has also been thrown to the order of affirmation dated 11.2.2011 passed by Additional Sessions Judge, court no.12, Aligarh in Criminal Revision No.502 of 2010, vide Annexure No. 8 to writ petition.

(2.) According to the pleadings made in the writ petition and Annexures appended herewith, the gravamen of the prosecution allegations are that complainant respondent no.3 had a mobile recharge shop in his house at 910-A, New Tika Ram Colony, Lane No.1, Naurangabad, P.S. Gandhi Park, Aligarh, U.P. On 12.5.2009 accused Pawan Varshney, Vikash Maheswari, Sushil Sharma, Deepak Sharma, B.K. Sharma, Girish Chandra and Rakesh K. Govil approached respondent no.3 at his house and accused Sushil Kumar Sharma introduced accused B.K. Sharma as Managing Director of a company and informed respondent no.3 that the said company wants to do business in Aligarh by opening a Branch Office and since the location and condition of respondent nos.3 shop is suited, therefore, they are interested in opening Branch Office there. Respondent no.3 was further informed that the company deals in gold chip, heart guard, mobile cover and other mobile gazettes and carries a goodwill in the market and therefore respondent no.3 should consent for being an authorized dealer. Many allurements along with the aforesaid disclosure were given to respondent no.3. Accused persons also handed over a printed booklet and posters of the company. It was also intimated to respondent no.3 that for obtaining authorized dealership a security amount of Rs. one lac will have to be deposited on which 18% quarterly interest will be paid and on the sale of goods 8% commission will also be paid and the agreement for dealership will have to be inked on a non judicial stamp of Rs. 100/-. On the deceitful representation made by the accused, respondents no.3 gave Rs. 95,000/-(Rs. ninety five thousand) through Bank draft No.207041 of Central Bank of India, Naurangabad, Aligarh to the accused on 27.5.2009 in the name of Advance Infra and Amenities Ltd. Gurgaon alongwith Bank Draft D.D. No.800189 of Rs. 5000/- dated 12.6.2009 and cumulatively respondent no.3 had paid rupees one lac to the petitioner, who had introduced himself to respondent no.3 as ASM of the said company. It is alleged that respondent no.3 was told that he has become authorized dealer and the letter in this respect from Head Office, Gurgaon shall soon reach him. Allegations by respondent no.3 further is that till the date of filing of complaint dated 15.2.2010, no letter appointing respondent no.3 as authorized dealer was issued, no goods were dispatched by the alleged company respondent no.3 for sale nor 18% quarterly interest was paid to respondent no.3 and when contacted on phone no satisfactory answers were given and when the money was asked to be repaid, the said request was turned down.

(3.) It was on the aforesaid allegations, that respondent no.3 by hatching up a conspiracy was cheated by the accused of rupees one lac.