CHEEKOLU NAGAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The second respondent herein filed a private complaint on the file of the Court of the Judicial Magistrate of First Class, Sullurpet against the petitioner alleging that the petitioner has committed offences punishable under Sections 406, 409, 418, 419 and 420 of INDIAN PENAL CODE, 1860 (IPC). The facts, leading to filing the case, in brief, are noticed in the ensuing paragraph.

(2.) The petitioner and first respondent are residing at PHC-1, Staff Quarters of SHAR at Sriharikota. The petitioner (hereafter called, the accused) is working as a driver-cum-operator in A.P.Fire Services, whereas the second respondent (hereafter called, the complainant) is resident of same colony. According to the complaint, the accused, who is an agent of M/s. Tamilnadu Enterprises, Chennai, circulated pamphlets advertising a money circulation scheme promising various gifts to the members, who enroll other members. According to the scheme, every member who pays an amount of Rs.150/- will get one hot pack, who enrolls two persons will get steel dish, one who enrolls four members will get one flask or water bottle and a person who enrolls 1,024, subscribers will be gifted with Hero Honda Motorcycle or 75 gms of gold. The complainant allegedly enrolled 340 members. The accused, however, gave gifts to 153 persons, but did not give prizes/gifts to other 187 members. Having induced the complainant to enroll large number of persons in the money circulation scheme and having failed to give gifts as promised, it was alleged, the accused has committed offences under Sections 406,409, 418,419 and 420 of IPC.

(3.) Initially, the complainant approached Station House Officer of P.S., Sriharikota, who registered Case No.11 of 1999 under Section 294-A of IPC. The same was taken on file as S.T.C.No.l 10 of 1999. The said case was closed by the Court of the Judicial Magistrate of First Class, Sullurpet as Section 294-A stood repealed by then. The complainant again gave another complaint on 10-5-2000 to P.S., Sullurpet. The police investigated into the crime and filed a report under Section 173 of Code of Criminal Procedure, 1973 (Cr.P.C.,) stating that it is a mistake of fact. Again the present complaint was filed before the Court of Judicial Magistrate of First Class, Sullurpet, who took cognizance of the case on 13-11- 2002 and ordered issuance of non-bailable warrants, whereupon the present case is filed before this Court.