JUDGMENT

Both the W.P.(C) and Crl.R.P. are connected.

2. The petitioner in W.P.(C) No. 859 of 2013 is a company registered under the Companies Act, 1956 engaged in the business of manufacturing and sale of cosmetics and other household products through direct/network marketing. In the year 2008, the Sub Inspector of Police, Vakathanam, Kottayam registered a crime against the petitioner company and its officials alleging offence under Sections 2 (c) and 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (for short, 'the Banning Act'). The allegation is that the company was involved in doing business falling under the Banning Act. After investigation, the police filed Ext.P1 final report against the company's managing director and its employees. The case was taken on file by the Chief Judicial Magistrate Court, Kottayam (for short, 'the trial court') as C.C.No.49 of 2008. All the accused in C.C.No.49 of 2008 filed discharge petition before the trial court for discharge under Section 239 of Cr.P.C . contending that no prima-facie case has been made against them. The trial court, after a detailed consideration of the business plan of the company and after evaluating