- (1.) THE Crl MP Nos. 1163 of 2005, 1402 of 2005 and 1403 of 2005 are being disposed of by the common order arising out of common cause of action in relation to Complaint Case No. 73 of 2005 pending in the Court of C.J.M., Hazaribagh for common relief for quashing the cognizance order impugned dated 16-3-2005 passed by the C.J.M. and of the entire criminal proceeding in Complaint Case No. 73/05.
(2.) BRIEFLY stated, the Opposite Party No. 2 Shri Dileep Sonthalia filed the Complaint Case No. 73/05 on 19.1.05 as against as many as 9 accused persons including the petitioners alleging inter alia that pursuant to the advertisement published in 'Times of India' dated 9-2-03 the Opposite Party No. 2 paid the membership cost of Rs. 15,100/- as down payment and 24 E.M.I. of Rs. 6,857/- by cheques to the total amount of Rs. 1,79,668/- with interest for 25 years membership of Club Mahindra Holidays to enjoy benefit as a member of the Club / Mahindra Holidays. The complainant requested to book the holidays from 4th of January, 2005 to 8th January, 2005 at Binsar Resort and 8th January, 2005 to 10th January, 2005 at Corbett Resort with a request that he was entitled for special offer of holidays week. However, he upgraded his membership from 'White Season' to 'Red Season' (Peak Season) on payment of additional cost of Rs. 20,504/- besides, the annual subscription of Rs. 11,769/-. When the Complainant / Opposite Party No. 2 with his wife and two minor children reached Binsar Resort on 4-1-2005 where there was booking for 4 days, he received a very cold treatment and instead of 4 days he was allowed to stay for 3 days only. From there he went to Claridges Corbett Hideway with wife and children where he came to know that the Resort was already given to the 70 Guests of a big Company and he had to wait for more than 4 hours and only thereafter, the accused expressed their inability to provide any accommodation to him with his family, on the false pretext of technical problem. In this manner after covering a long journey of about 2700 K.M.s he was duped by the said Company and was allowed to enjoy only 3 days out of 4 days at Binsar and the entire 2 days at Corbett Hideway at his own cost. After his return on 11-1-2005 OP No. 2 demanded his money back, which was flatly refused by the petitioners and other accused and was intimidated and threatened. On the above background the OP No. 2 alleged that it was apparent from their conduct that the Company and its officials were engaged in luring and defrauding people for the sake of illegal earning from the very inception of the constitution of the Company on false promise and undertakings and in this manner they committed offence under S.406/420 IPC. After enquiry the cognizance of the offence was taken on 16.5.2005 under S.420/120B IPC impugned.
(3.) WITH reference to Crl. MP No. 1163 of 2005 the learned Counsel for the petitioner submitted that M/s Mahindra Holidays and Resorts India Ltd., a limited Company was incorporated in 1996 under the provisions of Companies Act, 1956 (hereinafter referred to as the Company), the Memorandum of Association, inter alia, stipulated the business of developing Holidays Resorts in the places of tourist interest and market them on timeshare basis as one of the primary business activities of the Company. The Company was promoted by Mr. Arun Kumar Nanda and Mr. Ramesh Ramanathan and on incorporation they formed the Board of the Directors of the Company. Learned Counsel for the petitioner submitted that the petitioner Shri. Anand Mahindra was neither the promoter nor a Director of the Company at the time of the incorporation of the Company or any time thereafter.;