UBQOOL FUTURETECH PVT.LTD., REGD. OFFICE AT 4TH FLOOR, N.K.MEHTA, INTERNATIONAL HOUSE, BABUBHAI CHINAI MARG, 178, BACKBAY RECLAMATION, PO & PS JUHU, MUMBAI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Jashodhara Tripathy, learned counsel for the petitioners and Mr. Amit Kumar Sinha, learned counsel for the opposite party no. 2.

(2.) In this application the petitioner has prayed for quashing the entire criminal proceeding in connection with Lalpur P. S. Case No. 62 of 2016 registered for the offence punishable under Sections 406, 420 & 120(B) of the I.P.C.

(3.) It appears that initially a complaint case was instituted in which it was alleged that accused no. 3 who was well-known to the complainant had shown his inclination to get the franchisee of digital education from him and thereafter the accused nos. 3 and 5 had come to the office and offered franchisee. Further assurance was given that Mrs. Juhi Chawla, the film star is the brand partnership ambassador for branding, marketing activities across media education of partnership. Further allegation has been made that accused nos. 3 & 5 had assured the complainant to give demonstration to the student and their guardian for this digital education for which a particular fee shall be charged. On the inducement and assurance of the accused persons, the complainant and the witness no. 1 agreed and had deposited an amount of Rs. 8 lacs and an agreement has also been entered into between the parties on 10.01.2014. Pursuant to the agreement, work had also started and subsequently in the month of May 2014, the website of the accused got closed and when the complainant tried to contact the accused persons even if assurance was given to start the work, but the same was never done and ultimately the accused persons did not return back the amount. The complaint was sent to the police under Sec. 156(3) of Crimial P.C. which led to registration and its institution of Lalpur P.S. Case No. 62 of 2016.