HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc(Pet.) No. 6571/2021

1.

Vinod Singh S/o Sh. Puran Singh, Aged About 60 Years,

R/o 6B, A-2, Fourth Pulia, Chopasani Housing Board,

Jodhpur (Raj.)

2.

Sachin Singh S/o Sh. Vinod Singh, Aged About 32 Years,

R/o 6B, A-2, Fourth Pulia, Chopasani Housing Board,

Jodhpur (Raj.)

3.

Prafful Jain S/o Sh. Jagat Prasad, Aged About 50 Years,

R/o C-134, Maharana Pratap Enclave, Pritampura, Delhi.

----Petitioners

Versus

1.

State, Through PP

2.

Nirmit Shringi S/o Sh. Dinesh Shringi, R/o D-129,

Saraswati Nagar, Jaipur (Raj.)

----Respondents

For Petitioner(s)

:

Mr. Vineet Jain, Sr. Advocate assisted

by Mr. Ashok Kumar Panwar

For Respondent(s)

:

Mr. Arun Kumar, PP

Mr. T.R.S. Sodha

HON'BLE MR. JUSTICE SANDEEP MEHTA

O R D E R

Date of Pronouncement :-

08

/03/2022

Order Reserved on

:-

17/02/2022

The petitioners herein have preferred the instant petition

under Section 482 Cr.P.C. with a prayer to quash the FIR

No.120/2021 registered at the Police Station Jhanwar, Jodhpur

City (West) for the offences punishable under Sections 420, 406 &

120B of the IPC.

Briefly stated the facts relevant and essential for disposal of

the misc. petition are noted hereinbelow:-

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[CRLMP-6571/2021]

The respondent No.2 Nirmit Shringi lodged a complaint which

was forwarded to the police under Section 156(3) Cr.P.C.

whereupon, the above-mentioned FIR came to be registered at

the Police Station Jhanwar, Jodhpur City (West). It was inter alia

alleged in the complaint that the complainant owned a vacant

chunk of land in the Village Barod, Tehsil Digod, District Kota near

the Bus Stand. The complainant suggested to his father that he

should install a water filtration plant on the said land as it would

give good return because the water level/table in the area was

very high. The complainant’s father searched the online marketing

site India Mart for a supplier of machinery and equipments on

which, the accused Vinod Bhati and his son Sachin Bhati,

proprietor of Rajshri Enterprises, contacted the complainant at his

office, located at Jhanwar. After initial discussion, it was decided

to visit the site at the Village Barod. After the site had been seen,

Vinod Bhati and Sachin Bhati came back to the Jhanwar office of

the complainant and informed him that they had another partner

named Prafful Jain who was settled in Delhi and had good

knowledge of marketing. The complainant was assured that he

would be provided good contacts for procuring the machinery to

set up the plant. The complainant was taken to Delhi and a

meeting was arranged with Prafful Jain who told the complainant

that he would secure a franchise of a company like Bisleri for him.

The complainant was asked to sign a purchase order and to

forward the same through email. Prafful Jain assured that he

would ensure that a franchise agreement of Bisleri Company

would be awarded to the complainant for the areas of Jodhpur,

Udaipur and Pali. The accused demanded a sum of Rs.15,00,000/-

(Rupees Fifteen lacs) so that the franchise argeement could be

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[CRLMP-6571/2021]

secured. Accordingly, the complainant’s father procured a personal

loan and deposited a sum of Rs.15,00,000/- in the account of Shri

Prafful Jain through RTGS between 26.09.2014 to 09.10.2014. The

accused assured that they would send the machines shortly

thereafter. However, the franchise agreement was not forthcoming

for many months on which, the complainant approached the

accused but they did not give any satisfactory reply whereupon,

the complainant contacted Shri Garg, a Director in the Bisleri

Company and he was shocked to find out that Shri Prafful Jain had

cheated many people by giving them the fraudulent allurement of

getting franchise agreement for Bisleri company. The complainant

thereupon approached