COLONAL PRAKASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application for grant of bail under Section 438 Cr.P.C.

(2.) Applicant apprehends his arrest in connection with crime No. 69/03 registered at Police Station, Tukoganj, Indore for the offence punishable under Section 420 IPC. Sections 2(C), 3, 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and Sections 3 and 5 of Drugs and Magic Remedies (Objectionable Advertisement) Banning Act, 1954.

(3.) According to the prosecution case, complainant Awn Agrawal and witness Priyamvada w/o Sandeep Kathed approached the applicant and other coaccused for purchasing mattress, pillow and quilt (total sleeping system) manufactured by Japan Life Company Japan. The marketing of the aforesaid items is being done in India by M/s. Frontier Trading Company at Bombay. The applicant assured the complainant and witness that after purchasing and using total sleeping system, they will get relief from their physical problems viz, pain in scapular region, spondylitis etc. They were also assured by the applicant and other coaccused persons that they had also purchased some sleeping system and got sufficient relief from their diseases and physical problems. One set of Sleeping System costs Rs. 85,000/-. It is further, alleged that applicant and other coaccused persons have also disclosed before them that if they would make members for purchasing the aforesaid system, they would get 1O% commission and if they go on making members, their percentage would be increased upto 13% more. On this dis fil ://D :\Program Files\Crimes\database\aa\aa\2003 (2) Crimes 94 .htm 8/5/2006 closure by the applicant, complainant Arun Agrawal and witness Priyamvada purchased the sleeping system and after using the same they got no relief in their disease and physical problems. As such they consulted their doctors and they were advised by the doctors not use such type of sleeping bed. According to complainant Arun Agrawal, he was suffering from continuous pain at his neck and waist. He got no relief by using the aforesaid sleeping system. According to Priyamvada, after using the sleeping system, the problems remained as it is and on the contrary there was aggravation in her physical problems. Therefore, she got treated in Bafna Hospital. The witnesses have complained that only to get rid of their problems they purchased the aforesaid sleeping system but they got no relief and instead it created some more problems. Therefore, by selling the aforesaid sleeping system to the complainant and witness, the applicant and coaccused persons cheated and put them to great financial, mental and physical loss.