PRASHANT KUMAR MOHANTY Vs. STATE OF ODISHA
HIGH COURT OF ORISSA
Prashant Kumar Mohanty
STATE OF ODISHA
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S.K. Panigrahi,J. -
(1.) The present application is preferred under Section 439 of the Criminal Procedure Code, 1973 in connection with EOW Bhubaneswar P.S. Case No.17 of 2019 corresponding to C.T. Case No.8 of 2019, pending in the court of the learned Presiding Officer, Designated Court under the O.P.I.D. Act, Cuttack, for alleged offences under Sections 406, 420, 467, 468, 471, 120-B of the Indian Penal Code along with Sections 4, 5, and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 read with Section 6 of the Odisha Protection of Interests of Depositors (in Financial Establishment) Act, 2011.
(2.) The succinct facts of the case are that Q Net Limited is a Company incorporated for more than 17 years in Hong Kong and it is operating in more than 150 countries. It deals in as many as 80 products, including education, holiday packages, personal care, nutrition, cosmetics, home care etc. It allegedly has six million customers worldwide and about 3 lakh members in India. It's Indian subsidiary is Vihaan Direct Selling India Pvt. Ltd. (hereinafter referred to as the "Company"). The Products marketed by the Company are subjected to stringent quality checks and have 30 days' return policy. A customer willing to supplement his income has the option of enrolling as an "independent representative". Both the Petitioner herein and the informant were enrolled as such independent representatives.
(3.) The said Company has a Refund Policy which prescribes that if there is a customer/Independent Representative, that has purchased a product and if he/she is not satisfied with the product, he is free to return the product within 30 days from the date of purchase of the goods. In addition, each and every registered Independent Representative is free to opt out or cancel his registration within thirty days from registration, in case he feels that he is unable to commit his time towards the business.;
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