GIRISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners (A9 and A10) and the learned HCGP for the Respondent-State. Perused the records.

(2.) The petitioners are arraigned as Accused Nos. 9 and 10 respectively in Crime No.95/2019 of Chikkamagaluru Town Police Station, for the offences punishable under Sections 406 and 420 of IPC; Section 66(D) of Information Technology Act, 2000 and under Sections 21(2)(3) and 22 of Banning of Unregulated Deposit Schemes Ordinance, 2019; now pending on the file of the II Addl. District and Sessions Judge, Chikkamagalur District.

(3.) The brief facts of the case are that, Accused No.1-Rukshida Baaanu instigated the complainant- Mohammed Zuber and others to invest money in "Bit Coin" and "'I' Coin" Website Schemes, so that the amount invested will be doubled within six months of the investment. It is also alleged that Accused No.1 has also introduced some schemes to the complainant for the sake of investments. Regarding the said scheme, Accused No.1 assured the complainant that, if a sum of Rs.35,000/- and Rs.70,000/- deposited, she would pay double the amount in six months and she also assured that, if the said amount is not withdrawn, bonus amount will be paid to the complainant and she has also told that, message will be sent to the depositor by creating ID in respect of the amount to be deposited and on such assurance, the complainant deposited a sum of Rs.35,000/- on 12.08.2018 and on 20.09.2018 he gave Rs. 70,000/- in cash to Accused No.1. Thereafter, ID was created in the name of the complainant through which he was receiving the message about deposit of the amount by him. But, thereafter, he has not received any amount from Accused No.1. When the complainant enquired about the same with her and asked her to return the said amount, she told that there is a problem in 'I - Coin' Website. But, instead of repaying the said amount, she has introduced a new scheme and told the complainant to deposit a sum of Rs.25,000/- and accordingly, he deposited the said amount on 04.03.0219. Thereafter, within a week she paid Rs.6,000/- and when he asked the amount in the second week, she gave evasive answer and made arrangements to leave the place. Thereby, Accused No.1 has cheated the complainant and also one Mujahid Ahmad, who had also deposited in one of the said schemes. On the above allegations, the complainant has lodged a complaint and the same was registered by the respondent- police.