Delhi High Court
Meenu Abrol (Mrs.) vs State on 21 November, 2003
Equivalent citations: 2003 VIIIAD Delhi 225, 108 (2003) DLT 709
Author: S Agarwal
Bench: S Agarwal
JUDGMENT
S.K. Agarwal, J.
1. Petitioner, by this petition under Section 438, Cr.P.C. is seeking anticipatory bail in case FIR No. 361/2003 under Sections 420/406/506/34, IPC, P.S. H. Nizamuddin.
2. Prosecution allegations, in brief, are that petitioner was the Director of the Dream Network Marketing Private Ltd. This company was not doing any particular business. The modus of the company was that they issued advertisements inviting members. Each member, at the time of enrolment was required to pay Rs. 6,000/-. On becoming a member of the company they were assigned the duty of enrolling three more members on the same term for becoming entitled to commission @ Rs. 1,200/-. On enrolment of second set of three new members (again on the same terms), the member became entitled to Rs. 2,000/- as commission and so on.
3. Learned APP for the State argued that under this scheme the petitioners cheated large number of people to the tune of Rs. 1.0 crore. Their custodial interrogation is required to unearth the conspiracy and recover the swindled money.
4. Learned Counsel for the petitioner, on the other hand, argued that complainant Nikhil Kumar is the son of a police officer living in P.S. Tilak Marg. Referring to Annexure 'A', learned Counsel argued that against the membership fee of Rs. 6,000/- complainant received a sum of Rs. 83,500/- from the company towards his commission for enrolling about 20 members and cheques worth Rs. 18,512/- only have been dishonoured. The scheme itself provided that the membership fee of Rs. 6,000/- was not refundable, therefore, neither a case of cheating nor breach of trust is made out. It is further argued that complainant did not file any complaint under Section 138 of Negotiable Instruments Act for the dishonoured cheques, which are not time-barred. Learned Counsel further argued that petitioner resigned from the directorship of the company on 1.3.2003 and that she is not responsible for nay enrolment made after that date. It is submitted that in these facts petitioner is entitled to the relief of anticipatory bail.
5. DCP (Crime Branch), Economic Wing, is present. He submits that on the complaint filed, a case was registered at P.S. Hazrat Nizamuddin and all pending complaints were sent for inquiry to the same police station.
6. Looking into the nature of allegations, investigation in the case FIR Nos. 361/2003, 520/2003, 551/2003, P.S.H. Nizamuddin and other connected complaints/ FIRs be transferred from P.S. Hazrat Nizamuddin to the Economic Offences Wing, Crime Branch, Qutub Institutional Area, New Delhi. Investigations be carried out further and short affidavit, in reply, be filed before the next date.
7. All the petitioners [in this case as well as in other cases] are directed to join investigation on 22.11.2003 at 4.00 p.m. and on such other dates as may be required.
Renotify on 11.12.2003. Interim order to continue. Copy of the order be given dusty to the parties.
