SUNIL KUMAR OJHA Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2022-6-10
HIGH COURT OF CHHATTISGARH
Decided on June 21,2022

Sunil Kumar Ojha Appellant
VERSUS
STATE OF CHHATTISGARH Respondents

JUDGEMENT

GOUTAM BHADURI,J. - (1.) By way of present petition challenge is made to the charge sheet in the Crime No.138/2010 at Police Station Palari, Raipur in Criminal Case No.1638/2012 whereby the petitioner has been inculpated by an supplementary charge sheet No.68-A/2011 dtd. 16/08/2011 under Ss. 120, 120-B, 409, 411, 414, 420 of IPC and Sec. 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978.
(2.) The allegation as per the charge sheet is that one Royal Vision Care Marketing and Services Private Limited, Madhurai started a on line business whereby the people were invited to deposit a minimum sum of Rs.10,000.00 and above in the account maintained in the bank by the said company and were assured to be repaid with a high rate of interest. It was assured that initially from 1 to 10 months of deposit initially 12% return as a interest would be paid, thereafter it would be increased to 14 and 16% in the subsequent year and eventually entire principal sum would be returned at the end of 30 th month. Consequent thereto the public at large deposited money in the account of Royal Vision Care Marketing and Services Private Limited, Madhurai. Initially certain money was repaid but eventually all of a sudden the account were closed and the money of the people were not returned. After the FIR was registered, from the Managing Director M. Velayutha Kumar bond and paper were recovered and around 12423 people were found to be enlisted who had deposited the amount. It is alleged that M. Velayutha Kumar in order to usurp the money by criminal conspiracy entered into an agreement with one Matoshree Developers and the partners and an agreement of purchase of land dtd. 4/07/2009 was executed.
(3.) It is further alleged that pursuant to the agreement Matoshree Developers partners received Rs.5.00 crores of which the payment received were not shown and in order to show the ensuing project with seller, investment to the general public at large, forged agreement were executed with seller. It is alleged that the partners of the Matoshree Developers knowing full well that Royal Vision Care Marketing and Services Private Limited has received the amount by fraud entered into an agreement and received 5 crore rupees which were received as an outcome of an offence. It was further alleged that after receipt of Rs.5.00 crores as a part of sale consideration for one and a half year, no sale deed was executed in favour of Royal Vision Care Marketing and Services Private Limited therefore Matoshree Developers was involved in the conspiracy. It is further alleged that forged agreement was executed in the name of Matoshree Developers on 4/07/2009, and on that date the firm was not registered. It is further stated that Matoshree Developers, who entered into agreement for sale were not also the real owners of the land but in turn entered into an agreement with different farmers/land holders to execute the sale deed in favour of Royal Vision Care Marketing and Services Private Limited. Under these background the charge sheet was filed.;


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