DILIP BANG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha assisted by Mr. Ajay Kumar Sah, learned counsel for the petitioner, Mr. Amit Kumar Das, learned counsel for opposite party no.2 and Mr. Fahad Allam, learned counsel for the State.

(2.) This petition has been filed for quashing the order dtd. 14/3/2012 passed by the learned Judicial Magistrate, 1stClass, Jamshedpur in C/1 Case No.2327 of 2010, whereby, the petition filed under Sec. 205 Cr.P.C. has been rejected.

(3.) The case was registered on the complaint made by the complainant alleging therein that the complainant has run the business of Public Distribution system at Sarjamda, Parsudih, Jamshedpur. In order to have a secured future, the complainant has purchased 2061 number of shares of different companies worth Rs.1,00,000.00 approx. On 16/7/2009 at 9 AM the complainant while was in his shop, the accused no. 3 and 4 came to the complainant and introduced themselves to be the officials of M/s. Nirmal Bang Securities Limited and induced the complainant to invest money in their firm, assuring the complainant that the complainant would got lucrative amount of interest against such investment which is commonly known as port folio Management and the said investment, as assured by the complainant would without any risk. The accused No. 3 and 4 further induced the complainant that if the complainant having any share of any company, in his possession, to transfer the same in favour of the accused No. 1 against which the complainant as assured by the accused No. 3 and 4 would get lucrative amount of profit and asked the complainant to come to their local office at Sana Complex, Thakur Bari Road, Sakchi, Jamshedpur. After having been induced by the accused No. 3 and 4 the complainant went to the office of the accused No. 1 on 20/7/9 where the accused No. 3 and 4 introduced the accused No. 1 and 2 being the Director and Regional head of M/s Nirmal Bang Securities. All the accused persons made the same inducement what was induced by the accused No. 3 and 4 asking the complainant to invest money with M/s. Nirmal Bang Securities and to transfer his shares in favour of M/s. Nirmal Bang Securities and assured the complainant to get a lucrative amount of profit against such investment. In order to have a secured future and being induced by the accused persons, the complainant sometime in the last week of July, 2009 opened a DMat account with M/s. Nirmal Bang Securities upon depositing a nominal amount of Rs.550.00and thereafter on 1/8/2009, 29/10/2009, 18/11/2009 and 27/11/2009 the complainant paid the accused persons a total sum of Rs.1,80,000.00 through different cheques drawn on ICICI Bank Limited Jamshedpur. It was further alleged that after 2/3 days of opening DMat account, the complainant also being induced by the accused persons and transferred 2061 number of shares to M/S. Nirmal Bang Securities Limited. When one year have passed, the complainant did not get any amount as assured by the accused persons, against the investments made by the complainant, the complainant visit to the local office of the accused persons number of times but on all occasions he found the local office of the accused persons are closed. Thereafter the complainant met two staff of the accused persons namely Dilip Kumar and Miss Susmita and asked about the accused persons upon which the said witnesses told the complainant that the accused persons upon misappropriating the hard earned money of several poor investors fled away closing the office and even they have not been paid their salaries. Thus all the accused persons by playing deception upon the complainant, induced him to invest the aforesaid amount and to transfer the aforesaid shares in favour of M/s. Nirmal Bang Securities and misappropriated the same inconvenience with each other and have cheated the complainant and others in the manner as aforesaid.