WILLIAM SCOTT PINCKNEY Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) Through this instant petition under Section 482, Code of Criminal Procedure, the petitioner has assailed the legality and validity of the impugned order dated 13.7.2018 (Annexure P-1) of revisional court, affirming order dated 07.01.2017 (Annexure P-2) of trial court, framing charge-sheet against him and further order dated 11.1.2017 (Annexure P-3), whereby trial court ordered, clubbing of three supplementary challans for conducting joint trial in case FIR no.280 dated 02.12.2002, registered under sections 3 and 4 of the Prize Chits and Money Circulation Schemes (Banning), Act, 1978 ( in short "PCMCS Act") coupled with Section 420 IPC at Police Station, Sector 26,Chandigarh.

(2.) Put pithily, petitioner is ex-employee and former Director/Managing Director of M/s Amway India Enterprises Private Limited ( in short "Amway Company"), incorporated under the Companies Act, 1956.

(3.) Complainant Shri S.P. Negi, Deputy General Manager, Reserve Bank of India, Chandigarh, made a complaint to Deputy Superintendent of Police (Crime), Economic Offences, Wing, Chandigarh Police, Chandigarh, for registration of a case against petitioner, alleging that the business being carried out by M/s Amway company is violative and banned, being infringement of provision 2(c) of Section 3 of the PCMCS Act. On the basis of above referred allegations, FIR in question was registered way back in the year 2002 under sections 3 and 4 of the PCMCS Act. Subsequently, vide letter dated 01.02.2003, addressed to Chief Secretaries of all the States and Union Territories, Reserve Bank of India informed that its officials have no power to opine that the business run by M/s Amway company was not a prize chit or money circulation and that no legal proceedings may be initiated against it. On 27.11.2009 Sub Inspector Ashok Kumar, the Investigating Officer, after around seven years, filed a status report before this court in a petition filed by M/s Amway Company that on investigation, no evidence had come against it.