ASHWINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner Ashwinder Singh has filed the present petition, under Sec. 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C. '), for grant of bail, in case FIR No.73 of 2022, dtd. 27/2/2022, registered under Ss. 420, 120B of the Indian Penal Code (hereinafter referred to as 'IPC ') and 5, 6 of the Prize and Money Circulation Schemes (Banking) Act, 1978, in Police Station Balh, District Mandi, Himachal Pradesh.

(2.) Status Report stands filed and placed on the file. Record has also been produced.

(3.) Prosecution case is that on 27/2/2022, complainant Manoj Kumar submitted a complaint in Police Station Balh, stating therein that in August 2020 his friend Pawan Sankhyan had introduced him with a person Sushil Jaryal, and Sushil Jaryal propagated that with a Plan in Crypto Currency an US Company ONYX Trading was there which had its browser registered as OFS Trading.com. Thereafter, he demonstrated in his Mobile Phone by logging in his ID-ONYXHP04. He told that there was a 105-days Plan through which on investments there will be 1 1/2 times return within 4 1/2 months and for that he told about four types of investment Plans, i.e. 100 US Dollar (Rs.8,000.00), 500 US Dollar (Rs.41,000.00), 1000 US Dollar (Rs.82,000.00 and 5000 US Dollar (Rs.4,10,000.00). Apart from it, Sushil Jaryal also told that this amount was being invested in Share Market, wherein there was hundred percent risk but the Company was extending guarantee to return the principal amount. Sushil Jaryal also told that investment in Plan was to be made in cash and return thereof would be in Crypto Currency Exchange as BTC Dollar (Bitcoin). After telling that, Sushil Jaryal had shown receipt of BTC in Block Chain. Complainant was impressed by Sushil Jaryal to create 500 US Dollar ID-Manoj121, below Pawan Sankhyan, for confirmation whereof complainant received a Mail from Info@ofstrading.com. After confirmation, complainant started working in the Company and arranged meetings in Balh and Sundernagar area for convincing people for investment and in those meetings, head of the Company Birender Preet Singh alongwith his associates Sushil Jaryal and Pawan Sankhyan started to attend these meetings and in every meeting he had duped the people by assuring that their money shall be safe and in case of closure of Company he shall inform them six months in advance so as to enable them to withdraw their money and not to invest further. Complainant started working on the aforesaid investment Plan and created 650 IDs whereby people invested about Rs.5.00 crore. Most of the people gave cash for creating IDs and some amount was deposited in accounts. Cash was taken by Birender Preet Singh himself mostly and sometimes complainant had visited to hand over the cash to him. As per complainant, about Rs.2.00 crore was received by people in the shape of BTC or cash and complainant had also received Rs.15.00 Lakhs, which was invested by him in the same Company and thereafter Birender Preet Singh started direct communication with the complainant, who, in March 2021, told that there was some problem in the Company, resulting into closure of BTC, which will be started during next month. Upon this, complainant continued to arrange meetings and investment from people in the Company, but people started to make telephonic calls continuously with complaint that amount was not returning but as complainant was assured by Birender Preet Singh, he continued to respond by saying that they will get money during next month and by saying so he continued to assure persons on every date. Thereafter, in August 2021, Birender Preet Singh conducted a meeting in Nangal and told that there was no return of the amount and advised to generate a ticket through the ID of the persons for withdrawal of principal amount, whereupon within two months principal amount will be received in Crypto Exchange Wallet. After one month of generating the ticket, 30% people received 5% principal amount in Crypto Exchange Wallet as BTC, but thereafter people started to complain telephonically to the complainant that they were not getting principal amount. On asking Birender Preet Singh, he conducted a meeting in the month of November at Ropar and told that in the Plan of previous Company, there was some shortcoming and told that he was coming with different Plan of one Company namely RFX Trading wherein 50% shall be invested by the people and 50% by the Company and investment shall be doubled within 9 months. Thereafter, persons who had invested in new Company received 5% of previous investment and two additional installments from new Company. It has been stated in the complaint that persons, who had invested in RFX Trading, had received a confirmation Mail from info@rfstraders.com and thereafter their ID was started. After 18/1/2022, nobody received any installment upon which complainant started calling Birender Preet Singh, on telephone, who for sometime attended his calls but thereafter stopped to receive his calls and switched off his phone. Lastly, prayer was made to take action against Birender Preet Singh. Upon this, FIR under Sec. 420 IPC has been registered.