BHASKAR GHOSH Vs. STATE OF M P

JUDGEMENT

(1.) The applicant is before this Court to challenge order dated 08.02.2017 passed in Criminal Case No.6854/2016 by C.J.M.,Gwalior, whereby, the trial Court has rejected the application preferred by the applicant under Section 239 of the Code of Criminal Procedure, 1973 for discharging from the charges framed under Section 420 of IPC.

(2.) The facts leading to filing of the instant revision application are that the present applicant is accused of representing him before the complainant that he is sufficient influence with financial institution to arrange credit facilities for the complainant, however, the complainant would be required to pay Rs. 8 Lacs towards application fee to the applicant. It is borne out from the bank account maintained by the complainant via R.T.G.S. made on 12.03.2014 and 13.03.2014. It appears that that the applicant assured the complainant for credit facilities of amount upto Rs.30 Crores. Although the applicant could not fulfill his promise and the complainant persistently made request for ensuring credit facilities or to refund money paid towards application fee. It is further borne out from the record that the complainant after waiting for sometime made a complaint to the police which led to registration of F.I.R. against the present applicant for the offence punishable under Section 420 of IPC and charge-sheet was filed.

(3.) The trial Court fixed the matter for framing of charges and on such date the present applicant moved an application under Section 239 Cr.P.C. for seeking discharge from the offence alleged against him. The trial Court vide impugned order dated 08.02.2017 decided the application and observed that material brought on record alongwith the charge-sheet sufficiently hints towards involvement of the present applicant to deceive the complainant into payment of application fee for securing credit facilities. Accordingly, the application moved by the present applicant was dismissed and it was further observed that the circumstances pointed out in the application under Section 239 Cr.P.C. will have to be examined after recording of the evidence.