ROHIT BHAGCHAND KARNAVAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the vehement arguments of the Counsel for the parties with reference to the annexures on record. In Criminal Application No. 1918 of 2002 the Directors of a commercial concerned styled as "m/s. Free India Concepts" are now moving this applications for an independent cause for getting the directions in the nature of anticipatory bail different from the previous one which was hotch-potch of prayers.

(2.) THE applicants are Directors of "m/s. Free India Concepts" having its head office at Babu Bhawan, 1st floor, Bala Sheth Madhukar Road, Opp. Elphinstone Road Railway Station, Elphinstone, Mumbai. They opened an office at Ichalkaranji near Gajanan Maharaj, Shegaon Temple initially. It seems to be their business by commercial activities to have the customers by way of a continuous chain for sale of their various articles which have been mentioned in the brochure annexed to the application. The scheme in short is that suppose a member of the public wants to become a customers of "m/s. Free India Concepts (hereinafter referred to as "company" for convenience), he has to deposit Rs. 2000/- towards the part payment of the article which he may choose to purchase from the said company. In addition to that, he has to pay Rs. 500/- towards service charge. He would get a receipt in respect of payment of this sum of Rs. 2,500/- but would not get the article which he wants to purchase at that time because he has to follow further procedure of procuring two such customers for the company. This opens option for him of either to purchase the said article at such adjusted rate by adjustment of the commission which he would be getting by procuring those two customers or in the alternate he would be getting commission in the nature of cash. Those two customers brought by the initial customers would be also making the deposit of Rs. 2500/- and would be following the same scheme of procuring two more customers and the same would go on till the initial customer gets the article which he wants to purchase finally or would get his amount of commission in the nature of cash.

(3.) THE employees of the said company used to give the demonstration of the scheme by exhibiting CD cassette and by addressing a informative lecture to prospective customers. One Arun Patil and Miss Bhojane were engaged in such activities when the complainant who lodged the complaint in Shahupuri Nagar Police Station named Yuvraj Babu Kamble visited the office of the company. He was explained the scheme by Arun Patil and Ms. Bhojane and was asked to join the said CD exhibition show as well as the informative address. By hearing this, the complainant who lodged the F. I. R. requested them to make him the member of the said scheme. He paid a sum of Rs. 2500/- and he got the receipt in respect of that. He was asked to bring two members. Mr. Yuvraj Babu Kamble went to his locality and searched for his members but could not get such members for 15 days. Thereafter he got some persons whom he brought to the shop of the company and the necessary information was shown to them by exhibition of the CD cassettee as well as by informative address of Arun Patil and Ms. Bhojane. Thereafter Yuvraj Babu Kamble could get two prospective customers whom he brought to the said office. They also paid the said sum of Rs. 2500/- each and receipts were passed in their favour. At that time Yuvraj Babu Kamble perhaps wanted to have the said amount in cash but he found the said article at that time but he was told to pay Rs. 570/- which was the amount payable by him after deducting the initial amount which was paid by him which was to the tune of Rs. 2000/- and the commission which accrued to him on account of the introduction of those two members. It seems that that hurt Yuvraj Babu Kamble and he thought he was cheated by the employees of the company and its Directors. Hence he went to the Shahupuri Police Station, Kolhapur and lodged the F. I. R. The said F. I. R. rolled the ball of investigation and investigation continued. It is still in progress.