The court upheld the trial court's decision to reject the application for compounding offences due to their serious nature and impact on the economy.

Order on Board

29.04.2025

1. The petitioner has filed the instant petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (in short “BNSS, 2023”) against the order dated 17-01-2025 passed by the learned Judicial Magistrate First Class, Rajnandgaon (C.G.), in Criminal Case No. 7137/2024, whereby the learned trial court has rejected the application filed by the petitioner under Section 320 and 320(2) of the Code of Criminal Procedure, 1973 (in short “ Cr.P.C .”)/ Section 359 of the BNSS, 2023.

2. Brief facts of the case are that the petitioner is an accused in Crime No. 365/2024 registered at Police Station Basantpur, Rajnandgaon, for the offence under Section 318(4), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short “BNS, 2023”) and Section 66 of the Information Technology Act, 2000 (in short “IT Act, 2000”). Charge-sheet has been filed before the learned trial court and the petitioner/accused is facing trial of the case in Criminal Case No. 7137/2024 before the learned Judicial Magistrate First Class, Rajnandgaon (C.G.) for the charges under Sections 318(4), 336, 338 and 340(2) of BNS, 2023 and Section 66-D of the IT Act, 2000.

3. As per allegation of the FIR, as well as the charge-sheet, the complainant Rahul Jain (Respondent No. 2) has made a written complaint to the Police that he connected with WhatsApp chat group “Friends of Wealth 81” on 12-06-2024 through website link “https www- triponfinance.com”, who engaged in investment in stock market in view to higher return of their investment. The group admin, Ram Baldev has engaged in analysis of the stock market and gave information through WhatsApp to the other members of the group. On 26-07-2024, on the request of another group admin, Lalita, the complainant got registered himself and a user ID has been provided to him i.e.7999631416. After opening of the account in the website, he was asked to deposit the amount for trading in the stock market, for which he opened his bank account No. 20100030057980, 20100028374626, 2010002826703 and 20100029687810 at Bandhan Bank, account No. 484821564 at Kotak Mahindra Bank, account No. 101410586922 at IBFC Bank, and account No. 3467029330648851 at Jana Small Finance Bank, and deposited total Rs. 3,40,95,000/-. During the investigation, it was found that the bank account No. 2010002826703 is opened in the name of Sky Tour and Travel, Lucknow (UP) in which the complainant has deposited Rs. 1,46,30,000/- on 08-08-2024 to 09-08-2024 from the bank account of his sister Prachi Jain through RTGS. Out of the said amount, the amount of Rs. 7,30,000/- was transferred in the bank account of one Mohd. Rizil having bank account No. 924010015541558, running at Axis Bank. The said Rs. 7,30,000/- has been divided into many portions and withdrawn from the Pandikadu area of District Mallapuram (Kerala) through ATM card. There were numerous transactions in and from the said bank account No. 924010015541558 with various other bank accounts of Mohd. Sahal Sha P., Mohd. Suhail, Mohd. Zamreen Fatima T., Mohd. Shabeel Sha P., Mohd. Rizil NT, Abdul Sathar. When the police tried to catch them at their location, they fled away. Only the present accused/petitioner Shahal Sha P. could be arrested, and then he, in his memorandum statement, disclosed that he, in collusion with other bank account holders, allured the investors and obtained money from them in his bank account and the bank of his relatives. From the present petitioner/accused, his ATM card, bank passbook, etc. have been seized, and he has been arrested on 10-09-2024. During the investigation, it is also discovered that after the present incident, the group admin Lalita again sent a bank account No. 20100030067663 of Bandhan Bank in WhatsApp to the complainant for trading from the mobile No. 8427681539. When the police inquired the said transaction, it reveals that the account holder Ranjeet Singh having conspiracy with other accused persons Smt. Snehil Dubey (Bank employee) and Rajendra