WASEEM AKBAR GANIE Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner, in this petition, has challenged FIR No.238/2020 for offences under Sec. 420 of IPC registered with Police Station, Pulwama.

(2.) It appears that respondent No.4/complainant had filed a complaint for offence under Sec. 420 IPC against the petitioner before the Court of Judicial Magistrate, 1st Class (Munsiff), Pulwama. In the said complaint it was alleged that the petitioner had made the complainant on 5/7/2019 representing himself to be the Director of a company, namely, Ethro Basket Marketing Company a venture to supply fresh fruits and vegetables to societies. The complainant/respondent No.4 was introduced to Nawab Ali of Uttar Pradesh who represented himself as the Managing Director, TabraizAlam of Saharanpur who represented himself to be the Director and Ravinder Singh of Haridwar who represented himself to be the Director of the Company. It was alleged in the complaint that the petitioner entered into an agreement with respondent No.4 and as per the said agreement, the petitioner had assured profits on sharing basis to respondent No.4/complainant. It was further alleged that the petitioner was running a website titled www.help2you.biz and he offered 50% return in two weeks and in pursuance of this offer, respondent No.4 invested his hard earned money through online transaction on the aforesaid website. According to respondent No.4/complainant, he invested an amount of Rs.16.00 lacs through online transaction but he was paid back only a sum of Rs.4.00 lacs whereas Rs.12.00 lacs remained outstanding. It was alleged in the complaint that on August 10, 2019, the website along with business offices of the petitioner disappeared as a result of which the complainant/respondent No.4 was duped of Rs.12.00 lacs.

(3.) The aforesaid complaint was endorsed by the learned Judicial Magistrate, 1st Class, Pulwama, to SHO, P/S, Pulwama, with a direction to take appropriate action as warranted under law. It seems that on the basis of this endorsement, the impugned FIR came to be registered by the police and investigation was set into motion.