SHUBHAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have filed the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 seeking quashment of FIR bearing Crime No. 422/2023 registered at Police Station-Kotwali District Dhar for the offence under Ss. 420, 406, 409 read with 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and Sec. 6(1) of the M.P. Nikshepako Ke Hito Ka Sanrakshan Adhiniyam, 2000 (hereinafter referred to as "Adhiniyam, 2000") and all further proceedings.

(2.) As per prosecution case, the respondent No. 2/complainant has lodged a written complaint at Police Station Kotwali District Dhar against the applicants alongwith four other persons that they formed a chit fund company and obtained deposits from the depositors. In the meeting held at Shradha Garden, Dhar, co-accused Ritesh Panchal, Director of the Company alongwith co-accused Pankaj Solanki, Local Manager of the company explained the investment plan of the company. The said company offered huge profit on the investment. In its regular course of business of the company through its employees and workers contacted the public and made them believe that if they invest money in the scheme of company, they will be able to get three times profit of the invested money within nine months.

(3.) In course of that, the complainants have deposited money to the bank account of the said company. However, they have not returned their money as they were assured. Ritesh Panchal, Director of the company executed a written agreement for returning the principal amount with some benefits on 6/8/2023 and further they have also sent whatsapp message in this regard. All five directors are connected with the conference calling who have obtained the money but ultimately, they have denied it. Hence, the present FIR has been lodged against them.