( 1 ) THIS application is filed under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for short) for quashing and setting aside the impugned complaint/fir, being CR NO. I 4 of 2003 registered with the CID (Crime), Gandhinagar on 24. 5. 2003.

( 2 ) A complaint being complaint No. CR I 4 of 2003 was lodged on 24. 5. 2003 by respondent No. 4 - Harendrabhai B. Pandya - complainant before the CID (Crime), Gandhinagar for the alleged cause of bouncing of the cheque of Rs. 623. 00 only punishable under Sections 406, 420 and 120-B of Indian Penal Code and Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. On receipt of the said complaint, the concerned Police Inspector forwarded the said complaint to the learned Chief Metropolitan Magistrate Court, Ahmedabad on the same day.

( 3 ) IT is the case of the applicants that the applicant company has launched "recharge 4 free. com" scheme in the month of January 2002. The said scheme deals with the websites, email Ids and mobile telephone products. It is the case of the applicants that the applicants have their own server and leadership with mobile companies. The minimum joining fees for each unit in the scheme is Rs. 200. 00 against which the customer gets 30 MB webside/email ID for 30 days and if the customer introduces three members under him the webside/email ID will be with him for life time on lease and in that event there is no need for renewal of rent and he will also bet free membership for mobile users club. Each ID has to develop five levels under the same, for which the customer will get a total of 19690 points in the mobile users club. The applicants have also produced the brochure at Annexure-A in the compilation.

( 4 ) IT is the case of the applicants that after reading the said brochure, respondent No. 4 having been satisfied with the terms and conditions mentioned in the said brochure as well as the terms and conditions mentioned in the application form, had filed up, signed and submitted an application to the applicant company for introducing himself in the scheme offered by the company.

( 5 ) IT is the case of the applicants that according to the scheme of the company each point is equal to one Indian rupee and the customer can use the amount for purchasing the mobile telephone hand set, prepaid cards or adjust against the payment of the regular bills. For every joining fee of Rs. 200. 00, the Companys profit is only Rs. 30. 00 and the remaining Rs. 170. 00 is distributed amongst its customers of different levels as per the scheme. As per the scheme, the customers who make three members under him, is eligible for 100% benefit, otherwise, for no introduction 25%, one introduction 50% and two introductions 75% amount is payable. The said benefit is payable once after 10 months of joining. Those who make three introductions will also be eligible for getting payable amount upto maximum limit of Rs. 19,000. 00. For making this possible, the Company has introduced birth/rebirth and autopsy for every newly joining customer.

( 6 ) IT is the case of the applicants that the Company is providing services to the people at large by enabling them to forward and receive emails throughout the world at a very cheaper rate. Anyone who gets associated with the Company on application for membership and on paying the fee, will be entitled for the benefit in respect of the web space in all respects by merely paying Rs. 200. 00. Thus, the company has introduced a scheme for promoting the sale of web sites and mobile telephones products only. These are the only two products introduced by the Company under the scheme. It is the case of the applicants that as on today approximately 30 lakh people have enrolled as members of the company and have invested about 68 crores in the company out of which the company has distributed approximately Rs. 48. 00 crores amongst its members. It is also the case of the applicants that the app