AMITAVA LALA,J. - (1.) THE complainant case as per First Information Report (hereinafter called as F.I.R.) lodged at Crime No. 265 of 1999 under Sections 406, 420, 467, 468, 471, 120 -B Indian Panel Code (hereinafter called as IPC) Police Station Kotwali, District Mathura is as follows:
(2.) ON 7th April, 1999 a F.I.R. was lodged at police station Kotwali, District Mathura based inter alia on the averments that on 23rd October, 1997 one Sri Brijesh Agnihotri and Sri Umesh Verma contacted father of the first informant and informed him about the company namely Oasis Plantation Limited and asked him to make investment with the company at least Rs. 4,000 from him and further informed that he will have a Fixed Deposit in lieu thereof and his son Narain, respondent No. 3 will be taken in service of the company aforesaid. On 24th October, 1997 the respondent No. 3 met with Sri Azim Khan, Regional Manager of the company at Aligarh and on 25th October, 1997 he met with Sri Satya Prakash Sharma, General Manager of the company regarding scheme. The respondent No. 3 felt satisfied and assumed the charge of Marketing Executive on a monthly remuneration of Rs. 2,250 and gave him a target of Rs. 60,000. It was further stated that the first informant collected a sum of Rs. 59,800 and gave it to Sri Azim Khan on 8th November, 1997 in presence of other accused persons of which a receipt was given him on 8th November, 1997 by one Sri Brijesh Agnihotri. On this the first informant, respondent No. 3 was appointed as Branch Manager of the Agra Branch and was given an appointment letter. Accused persons named in the F.I.R. namely S/Sri Brijesh Agnihotri, Umesh Verma, Satya Prakash Sharma informed him about the other schemes of the company. At this stage the salary of the first informant, respondent No. 3 was increased to Rs. 4,500 and was also given traveling allowance of Rs. 2,000 per month. On 9th November, 1997 a branch of the company was opened at Kosikalan, Mathura and on 5th December, 1997 another branch was opened at Maholi Road. It has further been stated in the impugned F.I.R. that the first informant, respondent No. 3 collected a total sum of Rs. 1,76,340 for the purpose of making a Fixed Deposit (hereinafter called as FD), Recurring Deposit (hereinafter called as RD), Demand Draft (hereinafter called as DD) and out of the aforesaid amount after making necessary deductions made payment of balance amount of Rs. 66,300 to Sri Azim Khan on 12th December, 1997. Thereafter on various occasions papers relating to making of FDs, RDs and DDs were demanded from the company and various phone calls were made in this regard and information were also sent. On various occasions Sri Azim Khan and Sri Satya Prakash Sharma kept on delaying the matter of payment of salaries of the members of the staff. The time of repayment was also approaching fast and therefore, demands were being made in this regard. However, notwithstanding various efforts nothing was done in the matter. Thereafter first informant, respondent No. 3 contacted the Security and Exchange Board of India (hereinafter called as SEBI) and sought information about the position of the company namely Oasis Plantation Limited and was informed that the Board of Directors of the Company aforesaid comprised of (1) Sri Om Prakash Verma (2) Sri Azim Khan and (3) Sri Jagan Nath. All the three persons aforesaid are alleged to have cheated the public by misappropriating their money. It was further stated that their office at Mathura is/are lying closed and on contacting them time and again no satisfactory reply was given.
(3.) IT has further been stated that information in this regard was initially given to the Central Bureau of Investigation, New Delhi on 17th June, 1998. However, the matter was transferred for investigation to the local police at Mathura which registered a F.I.R. at Police Station Kotwali, District Mathura at crime No. 265 of 1999 for an offence under Sections 406, 420, 467, 468, 471 and 120 -B, I.P.C.;