SHAILABH JAIN Vs. STATE OF M P

JUDGEMENT

(1.) THE applicants have challenged the order dated 12.6.2013 passed by the learned 16th Additional Sessions Judge, Bhopal in S.T. No. 575/2012, whereby an application under section 227 of the Cr.P.C. filed by the applicants was dismissed. The prosecution's case, in short, is that, some of the complainants have lodged an F.I.R. to I.G., Bhopal Range, Bhopal that the applicants had committed cheating with them. The applicants with help of one Mahaveer Jain got their website uploaded with the scheme that if a consumer deposits a sum of Rs. 7,500/ - as a charge of membership fee then, through the business website of the applicants, he would get a sum of Rs. 1,000/ - per month for 11 months. However, 10% for banking and service charge shall be deducted from the amount given to the consumers. The complainants had deposited a huge amount with the applicants. The complainants intimated that a sum of Rs. 45 Lacs was deposited by them by contacting the various consumers and creating their different IDs on the website but, nothing was received in by any of the consumers as promised by the applicants. Initially some SMSs were sent to the consumers that the amount is deposited in a particular bank but, no amount was found deposited in accordance with that SMS. In the month of June, 2011, the applicants shifted their branch office to another place and thereafter, no contact took place between the applicants and the consumers. Therefore, a case of fraud, cheating, forgery and various offences of Information Technology Act, 2000 (In short "I.T. Act") was registered by the State Cyber Police, Bhopal. After due investigation, the charge -sheet was filed before the concerned Magistrate, who committed the case to the Courts of Sessions and ultimately it was transferred to the learned 16th Additional Sessions Judge, Bhopal.

(2.) THE applicants have moved an application under section 227 of the Cr.P.C. with the request that they may be discharged from the charges appended against them in the charge -sheet.

(3.) I have heard the learned counsel for the parties at length.