2009 SCCL.COM 1079(Case No: Criminal Appeal No. 1416 of 2009)
*State of Maharashtra Appellant(s) versus Sayed Mohammed Masood and another Respondent(s)
Date of Decision(mm/dd/yy): 8/4/2009.
Judge(s): Hon’ble Mr. Justice S.B. Sinha and Hon’ble Mr. Justice Deepak Verma.
Subject Index: FIR — lodged by the respondent no. 2 — quashing of — the first respondent is the Chairman-cum-Managing Director of M/s City Limouzines (India) Ltd — he established the said Company.
A scheme known as "Go/Vehicle on rental basis and earning by sitting at home" was floated. In terms of the said Scheme, assurances were given to the people for earning money in easy way — the car would be purchased in the name of investor but would be used by the Company on rent to others where for the investor would receive a sum of Rs.4, 000/- per month for a period of five years.
After 60 months, i.e., at the end of the agreement, the investor may take back his car in proper working condition — the complainant - respondent No.2, pursuant to the said advertisement, invested a sum of Rs.97, 907/-.
Indisputably, he was paid Rs.4, 000/- per month for a period of five years. However, despite demand, he was not given the car. He was, however, given three post-dated cheques of ABN Amro Bank amount to Rs. 25, 000/-, Rs.20, 000/- and Rs.10, 000/- although he had asked for the said amount in cash.
The petition of complainant did not disclose any criminal offence at all much less any offence either under Section 420 or Section 120B of the Indian Penal Code. It was purely civil in nature the Investigating Officer shall conduct the investigation fairly and impartially and shall allow the company to carry on its business without any hindrance whatsoever.
If any books of account or other documents are required, the Investigating Officer subject to just exceptions may take the xerox copies thereof duly certified by the accused as also an undertaking that, as and when called upon, they would produce the said books of account in a court of law in the peculiar facts and circumstances of this case and particularly in view of the materials which have surfaced during investigation, the impugned judgment cannot be sustained. It is set aside accordingly. The appeal is allowed.*