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HIGH COURT OF CHHATTISGARH, BILASPUR

CRMP No. 990 of 2015

Judgment reserved on : 06/05/2022

Judgment delivered on

: 21/06/2022

Sunil Kumar Ojha S/o Girija Shankar Ojha, Aged About 45 Years,

R/o Subhash Nagar, Kukaripara, Raipur Chhattisgarh

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Principle Secretary, Home

Department, Mahanadi Bhawan, New Raipur Chhattisgarh

2. The Superintendent of Police, Raipur Chhattisgarh

3. Special Investigation Cell, Through The Office In Charge Traffic

Head Quarter Premises, Kalibadi Raipur Chhattisgarh

4. The Police Station Palari, Through The Station House Officer, Distt.

Baloda Bazar Chhattisgarh

---- Respondents

For petitioner - Shri T.K. Jha, Advocate.

For Respondent/State – Shri Ashutosh Mishra, PL.

Hon'ble Shri Justice Goutam Bhaduri

CAV Judgment

1.

By way of present petition challenge is made to the charge sheet in

the Crime No.138/2010 at Police Station Palari, Raipur in Criminal Case

No.1638/2012 whereby the petitioner has been inculpated by an

supplementary charge sheet No.68-A/2011 dated 16/08/2011 under

Sections 120, 120-B, 409, 411, 414, 420 of IPC and Section 4 and 5 of the

Prize Chits & Money Circulation Scheme (Banning) Act, 1978.

2.

The allegation as per the charge sheet is that one Royal Vision

Care Marketing and Services Private Limited, Madhurai started a on line

business whereby the people were invited to deposit a minimum sum of

Rs.10,000/- and above in the account maintained in the bank by the said

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company and were assured to be repaid with a high rate of interest. It was

assured that initially from 1 to 10 months of deposit initially 12% return as

a interest would be paid, thereafter it would be increased to 14 and 16% in

the subsequent year and eventually entire principal sum would be

returned at the end of 30^th month. Consequent thereto the public at large

deposited money in the account of Royal Vision Care Marketing and

Services Private Limited, Madhurai. Initially certain money was repaid but

eventually all of a sudden the account were closed and the money of the

people were not returned. After the FIR was registered, from the

Managing Director M. Velayutha Kumar bond and paper were recovered

and around 12423 people were found to be enlisted who had deposited

the amount. It is alleged that M. Velayutha Kumar in order to usurp the

money by criminal conspiracy entered into an agreement with one

Matoshree Developers and the partners and an agreement of purchase of

land dated 4/07/2009 was executed.

3.

It is further alleged that pursuant to the agreement Matoshree

Developers partners received Rs.5 crores of which the payment received

were not shown and in order to show the ensuing project with seller,

investment to the general public at large, forged agreement were

executed with seller. It is alleged that the partners of the Matoshree

Developers knowing full well that Royal Vision Care Marketing and

Services Private Limited has received the amount by fraud entered into an

agreement and received 5 crore rupees which were received as an

outcome of an offence. It was further alleged that after receipt of Rs.5

crores as a part of sale consideration for one and a half year, no sale deed

was executed in favour of Royal Vision Care Marketing and Services

Private Limited therefore Matoshree Developers was involved in the

conspiracy. It is further alleged that forged agreement was executed in the

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name of Matoshree Developers on 4/07/2009, and on that date the firm

was not registered. It is further stated that Matoshree Developers, who

entered into agreement for sale were not also the real owners of the land

but in turn entered into an agreement with different farmers/land holders to

execute the sale de