VIJAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has preferred this criminal revision under Section 397 read with Section 401 of Criminal Procedure Code (in short "Cr.P.C.") against the order dated 25.09.2018 passed by Special Judge (Electricity Act No.7) Indore in Sessions Trial No.118/2018 whereby the application filed by the applicant under section 227 of the Cr.P.C. has been rejected.

(2.) Brief facts of the case are that a written complaint was filed by Shivkumar Raghuwanshi and 20 others on 14.10.2014 against the applicant and seven other accused persons regarding the act of cheating and fraud committed by them in selling the plots to the complainants situated at Betma Khurd, Mohna and Jamli, District Indore. As per the complaint, accused person induced them to purchase the plots in Natural Valley Colony and cheated them by taking the money from them and not giving them their plots and not getting the plots registered their name. It is also alleged that accused persons did not allot the plots to the complainants and they are cheated them. It is also alleged that the accused persons were not having any land in Betma Khurd, Mohna and Jamli, inspite of that they have entered into an agreement of sale of plots with the complainants and cheated them.

(3.) As per prosecution case, the present applicant was appointed on the post of marketing agent in Pheonix Infra Estate Interntation company a company incorporated under the companies Act, 1956. The applicant was allegedly inducted as Director of the company. After completion of the investigation, charge-sheet was filed before the Court of Judicial Magistrate First, Class Indore, who committed the case to the Session Court and ultimately, it was transferred to the Special Judge (Electricity Act No.7).