ORDER

1. The applicant has filed the present revision under section 397 r/w section 401 of the Code of Criminal Procedure, 1973 seeking quashment of the order dated 13.11.2021, whereby the Additional Sessions Judge, Barwani framed charges under Sections 420 r/w section 34 of the Indian Penal Code, section 6 of Madhya Pradesh Nikshepakon Ke Hiton Ka Sanrakshan Adhiniyam & section 3/4 of the Prize Chits & Money Circulation Schemes (Banning) Act, 1978.

2. The investigation has revealed that one resident Ashok Ahirwar lodged an F.I.R. against Santosh More, Santosh Devsat, Rohit Devsat, Munni Devsat, Sanjay Nayak and Lalita Nayak alleging that they explained to him various investment schemes run by Guru Sai Real Estate & Allied Company and took him to its office at Barwani. On their persuasion, he deposited Rs.1,50,000/- on 30.06.2012 and a certificate like FDR bearing registration No.5110005699 disclosing the maturity amount and period was issued by them. After 2 – 3 years, when he went to the local office of the company to get the matured amount from the said policy, the office was found closed. The policy had matured on 31.10.2017, but no amount has been returned to him, hence the accused has misappropriated his money after taking it in the name of investment. Similarly, other investors have also made a complaint of similar nature that despite the maturity of their amount has not been returned and the accused persons have misappropriated the same.

3. The police registered an F.I.R. and started investigation. The present applicant has also been added as an accused as he was found employed in a real estate company from 9.11.2009 to 30.11.2011. On the basis of material available in the charge sheet common charges have also been framed against all the accused. The applicant has filed the present revision on the ground that he has been implicated on the basis of the memorandum statement recorded under Section 27 of the Indian Evidence Act and apart from that the police has not collected any document connecting him with the said crime. According to him, he already resigned from the company on 1.12.2011 and he was relieved by the promoter of the company. Hence, he has been falsely implicated in the case and the charges as well as F.I.R. be quashed.

4. According to the complainant, he himself deposited money in the local office of the company on 30.6.2012 and after its maturity, the same has not been returned to date. The applicant has worked as Branch Manager from 9.11.2009 to 30.11.2011 as per the certificate issued by the Guru Sai Real Estate & Allied Company. During that relevant period, certain investments were made in the company which have not been returned to the depositors after their maturity. The applicant has been added as one of the co-accused with the aid of sections 34 & 120-B of the IPC.

5. Learned counsel for the applicant submits that there is no specific role attributable to the present applicant in this case. As per the 27 memorandum statement of this applicant, he was appointed by Santosh Kumar Devsat after an interview. His job was to make entries of the courier received from Khargone, Dewas, Indore, Sehore and Agra. He worked for 22 months and was paid Rs.20,000/- per month for one year only that too in cash. He made entries of rupees 1 to 1.4 crore in R.D./ F.D. Nothing has been alleged by any of the witnesses or complainants that he received the amount and issued a forged F.D. Undisputedly the entire amount was deposited with the company and certificates were issued. The police have not recovered any amount from his possession except joining and relieving letters. He has received only the salary and except that, no amount has come in his account. The applicant has no criminal past and the charges are liable to be quashed, hence be discharged from this criminal case.

6. Learned Govt. Advocate for the respondent/State submits that this applicant has been implicated in this case with the aid of section 120-B of IPC as he