ABHAY JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioners have filed the present the present Miscellaneous Criminal Case under Section 482 of Cr.P.C, for quashment of the criminal proceedings initiated against them vide order dated 2/5/2016 passed by the Judicial Magistrate First Class, Indore.

(2.) The petitioner No.1 is the Director and the petitioner No.2 is the Staff Member of Virtual Voyage College of Designing Media and Management (herein referred as the College). The College is engaged in imparting the learning in the faculty of Fashion design, Media studies, Interior Film making, modeling, even designing, Web designing etc. In the petitioner's College near about 500 students are taking education and more than 1000 students had completed their studies and pass out from the College. The College is affiliated from Makhanlal Tomar Music and Arts University, Gwalior and from Raja Mansingh Tomar Music and Arts University. Both these Universities are recognized from the University Grant Commission.

(3.) It has been submitted that, one student named Shashank Bafna has taken admission in the petitioner's college in the certificate programme of two year Digital Media Management Programme along with defree course of M.B.A. It has further been submitted that the complainant/respondent No.2 opted for the degree course of M.B.A. for which the petitioner's college was an authorized study center for Mahatma Gandhi University, Meghalaya. In pursuance to the admission taken by the complainant/ respondent No.2, the petitioner' college asked to deposit an amount of Rs.1,05,000/- towards the fees. The respondent No.2 had completed the major portion of two years Digital Media Management Programme and subsequently before completing the final certificate programme, the respondent No.2 got selected in Digital Media Company and he got a job. He further submits that, for the course of M.B.A. the respondent No.2 had not submitted his document related to completion of graduation. The petitioner's college had repeatedly reminded the respondent No.2 to submit the documents, but he has failed to deposit the said documents. After getting the job in a Digital Media Company, the respondent No. 2 decided to not to continue with the certificate programme as well as with the M.B.A. course and he started to create nuisance in the petitioner's college with respect to refunding of the deposited fee. It is also submitted that, as per the bylaws framed by the college, it has been specifically mentioned even in the receipt that once the fees has been deposited it is not refundable. The respondent No.2 creates the Face Book account by virtual boy chor college. The petitioner' college has submitted a complaint against the respondent No.2 before the authority of Cyber Crime. For the purpose of refunding of the fee, the respondent No. 2 filed a complaint before the District Consumer Redressal Forum, Indore, which was allowed and order was passed directing the petitioner to refund back the fees of Rs.l1,05,000/- to the respondent No.2 along with interest @ 8% per annum. The respondent No.2 has also filed a private complaint under Section 200 of the Cr.P.C. against the petitioners for commission of offence under Sections 384, 468, 471 read with Section 120-B of the IPC. The respondent No.2 has also filed an application under Section 156(3) of the Cr.P.C. before the learned J.M.F.C.Indore. The learned trial Court has allowed the said application and directed the respondent No.2 to conduct an investigation in the matter. Consequently, the Police had registered a case against the petitioners under Section 420 of the IPC. The petitioner's college has deposited an amount of Rs.1,42,000/- before the District Consumer Redressal Forum, Indore in compliance to the order passed by the Consumer Forum. Being aggrieved by the case registered against the petitioner, the petitioners have filed the present petition for quashment of the said F.I.R. and the criminal proceedings initiated against them.