UMANG CHOUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been instituted on application under Section 482 of the Cr.P.C. filed for quashing the charge-sheet and proceeding in the Sessions trial No.558/2014 pending in the Court of Shri M.C. Soni, Additional Sessions judge, Jabalpur, (M.P.).

(2.) It has been submitted hereby that the complainant/respondent No.2 Rashmi Shrivas lodged a first information report in P.S. Vijaynagar, District Jabalpur, to the effect with Key Electronic and System Private Limited, Mumbai, which also had a branch office in Noida, represented by accused persons Mukesh Bhardwaj, Punit Gaur, Aman Singh Yadav, Sandeep, Kishore Dhanraj, Ajay, Amit Suhag, Shahil Batra and Bhavna Bansal claiming to be Broker, Marketing Director, Company Head, Director, Manager, Technician etc., cheated the complainant/respondent No.2 Rashmi Shrivas into opening a showroom as franchisee of aforesaid Key Electronic and System Private Limited at Home Science College Road, Right Town, Jabalpur. She paid Rs.14,16,640/- against the supply of Electronic Gadgets like television, mobile phone, mobile tablet and micro-wave oven etc. She also paid 5,00,000/- in cash to aforesaid accused persons Mukesh, Aman Yadav, Punit Gour and Taranjeet. The show-room was inaugurated on 20th October, 2015 by accused Mukesh Bhardwaj.

(3.) The entire transaction took place by way of e-mail. The e-mail ID of the complainant/respondent No.2 was also created by the company. However, they did not return the amount and in spite of repeated reminders, they did not honour their obligation. Gradually they started to avoid the phone calls and e-mails made by the complainant. After sometime, the branch office at Noida was also closed down and aforesaid accused persons went incommunicado.