PRAMOD KUMAR SHARMA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
PRAMOD KUMAR SHARMA
STATE OF UTTARAKHAND
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Prafulla C. Pant, J. -
(1.) HEARD . By means of this writ petition moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report No. 16 of 2012, relating to offences punishable under section 406, 420 and 506 of I.P.C., Police Station Lohaghat, District Champawat.
(2.) IT is alleged in the First Information Report that a fraud was played with complainants (respondent no. 4 to respondent no. 11 and others) to allure them to make the investment in the gold funds promising high return. It is also alleged that on making demand for the returns of investment, the petitioner gave certain cheques to the complainants and others, and all of them were got dishonoured on account of direction of the 'stop payment' to the bankers. Learned counsel for the petitioner pleaded that the investment for the gold funds, was a kind of investment in the stock market, and the market was volatile. It is further submitted that the petitioner has not misrepresented to the complainants and others. Attention of this court is drawn to the case of G. Sagar Suri vs. State of U.P. : (2000) 2 SCC 636.
(3.) HAVING heard learned counsel for the petitioner, and learned counsel for the State, this Court finds that since large number of members of public are allegedly to have been cheated, this Court is not inclined to interfere with the investigation of the case. The facts of the case decided by the Apex Court referred by the petitioner as above, were different and cannot be said to be similar to this case. Therefore, the writ petition is dismissed summarily with the observation that if the petitioner Pramod Kumar Sharma surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Interim Relief Application No. 5801 of 2012, stands disposed of).;
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