VISHAL JADHAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have filed this application under section 482 of Cr.P.C for quashment of charge under section 420 / 34 of IPC against the order dated 19/07/2011 passed in Criminal Case no. 75/2011 by Additional Chief Judicial Magistrate, Alirajpur and affirmed vide order dated 30/11/2011 passed by 2 nd Additional Sessions Judge, Alirajpur in Criminal Revision no. 12/2011

(2.) Facts of the case in brief are that the applicants are the proprietor of Prithvi Institute of Technology, Alirajpur, which is a franchisee of M/s Dewsoft Overseas Pvt. Ltd as per the ATC agreement dated 07/11/2007. The Dewsoft Overseas Pvt Ltd is a company having its registered office at New Delhi and is carrying on the business of Software Development, Virtual Campurs Education, Real Time Academics and self Study books and CD's. It also offers programs in the field of computers, Management, language and self-development. The Dewsoft Overseas Pvt Ltd to its credit has been registered in various employment exchanges of the various state of the country. The Dewsoft Overseas Pvt Ltd has the object of spreading the education of computer, language and management at grass root level and it has also the mission of "earn while you learn" so as to enable the poor persons to learn the computer and language skills and with this objective the Dewsoft Overseas Pvt Ltd has granted franchisees to interested persons located at interior parts of India including the State of Madhya Pradesh. That, with the above object in view, the Dewsoft Overseas Pvt Ltd has granted franchisee to M/s Prithvi Institute of Technology through its proprietor i.e the applicants. Since then, the Prithvi Institute of Technology has been spreading the education of computer and language and imparting the computer and language skills to youghs and preparing them for available employment opportunities. Numbers of students have opted for joining course of the Dewsoft Overseas Pvt Ltd conducted by the applicants and also deposited fee for the course which was taken through demand drafts in the name of Dewsoft Overseas Pvt Ltd and was paid directly to Dewsoft Overseas Pvt Ltd, therefore, the applicants have not taken any undue benefit from the complainants and all the money was directly paid to the Dewsoft Overseas Pvt Ltd, therefore, there is no wrongful gin to the applicants. Out of number of students, only two students i.e. complainants made a complaint to the police against the applicants. On the basis of the said complaint, FIR was lodged against the applicants, thereafter, Additional Chief Judicial Magistrate has framed the charges against the applicants under section 420 of IPC. Being aggrieved by the aforesaid charges, the applicants filed a revision before the 2 nd ASJ, Alirajpur, who has dismissed the said revision vide order dated 30/11/2011. Against that order, present applicants have filed the present petition under section 482 of Cr.P.C for quashment of charge framed under section 420 / 34 of IPC.

(3.) Learned counsel appearing on behalf of the applicants submits that on the basis of the FIR, no case is made out against the applicant under section 420 / 34 of IPC. He further submits that the applicants never made promise to the students that they will certainly get suitable employment after completion of the course. The amount, which has been received by the applicants, has been paid directly to the Dewsoft Overseas Pvt Ltd and the applicants have not taken any undue benefit from the students / complainants. There is no direct and legal evidence against the applicants to connect them with the aforementioned crime. He further submits that even if the entire prosecution evidence is considered, the basic ingredients of the offence under section 420 / 34 of IPC is not made out against the applicants.