ORDER :

Shri Vinay Saraf, learned counsel for the petitioner. Shri R. S. Chhabra, learned counsel for the respondent. Heard finally. The present petition is directed against the order dated 17-6-2011 passed by 10th Additional Sessions Judge, Indore in Criminal Revision No. 375/2011 by which the order dated 30-3-2011 passed by the J.M.F.C., Indore in Criminal Case No. 0/2010 dismissing the private complaint at primary stage, filed under section 406, 420/34 read with section 120-B of Indian Penal Code has been affirmed.

2. According to complainant/petitioner, he intended to enter in share market for public issue for receiving share capital from public for business of multiplex. The petitioner invited offers for appointment of Lead Manager to seek the permission of SEBI etc. On 7-7-2005, respondent approached the petitioner through mediators and brokers also and submitted a written offer on 25-7-2005. The respondent company ensured the complainant/petitioner for permission of SEBI in the matter and settled a fees of Rs. 10,00,000/- for the same. The respondent was appointed as a Lead Manager. On 1-12-2005 Memo of Understanding (MOU) was executed between the parties, and part of the fees