ANIL Vs. STATE OF M.P

JUDGEMENT

(1.) Heard through video conferencing. This is first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.473/2019 registered at Police Station Barotha, district Dewas for the offence punishable under sections 420 , 506 , 120-B & 34 of the IPC and under section 6(2) of the Madhya Pradesh Nikshepakom Ke Hitom Ka Samrakshan Adhiniyam, 2000.

(2.) As per prosecution story, the applicant is an employee of the company viz. Mega Mind Tracking Consultancy Softek Private Limited registered under the provisions of Companies Act , 2013. The Directors of the company have entered into a franchise agreement with the complainants to promote its product called "Luckchup App". All the complainants deposited the total amount of Rs.1- 1,50,00,000/- as a security and the applicant's company assured to give certain fixed amount for next 24 months to them. The said company also gave cheque of the same amount by way of security to the complainants. As per the franchise agreement, the complainants were required to promote the "Luckchup app" product by giving training to 40-50 employees in the center. According to the complainants, after the agreement the payments were made to them for two months, thereafter the applicant's company has stopped giving payment and when they presented the cheques, the same have been returned unpaid either due to insufficient balance or the account is closed. On the basis of the said written complainant, the Police registered initially a case under Sections 506 , 420 , 120-B and 34 of IPC and later on at the time of filing challan has added Section 6(2) of the M.P. Nikshepako Ke Hito Ka Sanrakshan Adhiniyam, 2003.

(3.) Shri Manoj Saxena, learned counsel for the applicant submits that Police has registered a case against the Directors of the company viz. Mega Mind Tracking Consultancy Softek Private Limited. Vide letter dated 01.03.2019 the present applicant was appointed as a trainer in the company. Thereafter he submitted a resignation on 25.08.2019. He has also made a complaint to the Police against the Directors of the company for non-release of his salary to the tune of Rs.54,50,000. He further submits that the prosecution has wrongly treated the company as a chit fund company. A valid franchise agreement was executed with the complainant to promote the product and by way of security they have voluntarily deposited the security amount. The amount so deposited by them is a secured amount as the company has given the cheque of the equal amount to them. None of the cheque has been bounced or returned unpaid so far and still they can present the cheque and get their money back. He further submits that the said company is neither a financial establishmen nor the complainants aredepositor, therefore, the provisions of M.P. Nikshepako Ke Hito Ka Sanrakshan Adhiniyam are not applicable in the present case. The Police has wrongly charged the applicant under Section 6(2) of the aforesaid Act. Copy of memorandum of association of the company is on record along with the challan in which the object of the company is clearly mentioned. The company has been incorporated with the object to carry the business of manufacturing, processing, selling, promoting product of Information Technology both physical and online mode. The company is nowhere related with the financial transactions. The complainants have never deposited the amount as a "deposit" and the company never assured to give return with interest or bonus. It was purely a business transaction with them and the agreement is still valid and they can work as a Franchise of the present petitioner. The applicant has been falsely implicated in the case. The investigation has been completed and challan has been filed. The trial may take long time to conclude. He, therefore, pray for grant of bail to the applicant.