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(Iv) Any other relief which this Hon'ble Court may deem fit in the interest ofr justice, may kindly be awarded"

3. The facts, in brief, as projected by the petitioners in this petition is that on 24-5-2016, the complainant (Shailendra Singh) lodged a written complaint before the Station House Officer, Police Station, Supela, Durg that Maheshwar Sinha and Sunil Uikey have falsely induced the complainant and other persons by assuring them to return the money alongwith interest and allured him to deposit/invest money in the name of a company BMA Wealth Creators Pvt. Ltd. and have committed fraud, cheating and breach of trust. The complainant has deposited/invested Rs. 11 lakhs on the false promise made by Maheshwar Sinha and Sunil Uikey. On the said complaint, an FIR was registered by the Police under sections 420 and 34 IPC. The Police conducted investigation and arrested Maheshwar Sinha, Bhikham Lal Sahu and surprisingly, the present petitioners/applicants have also been arrested by the police in connection with Neutral Citation 2023:CGHC:23191 the aforesaid offences on the basis of the complaints lodged by several other complainants.

5. The charge sheet has been filed under Section 173(8) of Cr.P.C as one of the main accused is still absconding and police has failed to catch/arrest Sunil Uikey. In the charge sheet, it is evidently mentioned that after investigation, it was found that BMA Wealth Creators Limited is a Broker Trading Company in which petitioner No. 1 is holding the post of Area Manager and petitione No. 2 is working as Branch Manager and BMA Wealth Creators Limited have given the franchisee to one Maheshwar Sinha by duly executing a franchisee agreement having various terms and conditions. It is also mentioned therein that after getting the franchisee of BMA Wealth Creators Limited, Maheshwar Sinha alongwith his colleagues Bhikham Sahu and Sunil Uikey, all in their personal capacity have falsely induced and allured complainants and several other persons including the clients of the Company by giving attractive schemes / offers to deposit money in the name of BMA Wealth Creators Limited in their personal accounts for trading purposes and collected more than 5 crores from the several persons including the complainants and even provided their personal post-dated cheques having their own name and signature to those persons including the complainants who have deposited money in their personal accounts in the name of trading Neutral Citation 2023:CGHC:23191 business. It is abundantly clear from the above that Maheshwar Sinha alongwith his colleagues Bhikham Sahu and Sunil Uikey systematically conspired with each other to cheat and defraud complainants and several other persons including the clients of the Company and there is no role attributable to the petitioners in connection with the aforesaid offences committed by Maheswar Sinha, Bhikam Sahu and Sunil Uikey which evidently shows / reflects that the petitioners are in no way involved in the crime committed by Maheshwar Sinha, Bhikham Sahu and Sunil Uikey and the investigating agency and prosecution have no incriminating evidences or material on record to prima facie prove and show the culpability of the present applicants. Thus, no prima facie case is made out against the present petitioners/applicants, hence, registration of offences under various sections/provisions of law against the present petitioners/applicants is a clear abuse of process of law.

6. None appears nor is any representation made on behalf of the petitioners to press this petition. However, with the assistance of learned State counsel, this Court proceeds to decide this petition.

7. In the petition, the petitioners have pleaded that the entire offence was committed by Maheshwar Sinha, Sunil Uikey and Bhikam Sahu and the present petitioners/applicants had no role. BMA Wealth Creators Ltd. who is engaged in providing financial services through its corporate entities BMA Wealth Creators Limited and BMA Commodities Pvt. Ltd. both are companies incorporated under the provisions of Companies Act, 1956 providing financial services/financial solutions to individuals and corporates. The Company is registered with SEBI, NCDEX, BSE, Stock Exchange of India and MCX alongwith other relevant concerned or connected authorities or institution relating to the business/services provided by the Company. The petitioners are employees of the company and Maheshwar Sinha is the franchisee holder/Authorised Person on behalf of the BMA Commodities Pvt. Ltd. As soon as the petitioners came to know about the crime of fraud and cheating that was being committed by the Franchisee Holders, Neutral Citation 2023:CGHC:23191 the petitioners immediately informed about this to Head Office of BMA Wealth Creators Limited, Calcutta and BMA Wealth Creators Limited intimated this to the Superintendent of Police, Durg and also to the Station House Officer, Police Station - Supela, Durg, (C.G.) much prior to the registration of FIR in the present matter. From the bare perusal of the offences registered against the present petitioners makes it clear that it does not disclose any ingredients of any offence of forgery or cheating or criminal conspiracy committed by the present petitioners as alleged by the prosecution. Further, BMA Wealth Creators Limited and BMA Commodities is a registered stock trading/broking company which is duly registered with various institutions, thus, the provisions of Prize Chits and Money Circulation Banning Act and CG Protection of Depositors Interest Act do not get attracted against the present petitioners/applicants at all in the present case as the BMA Wealth Creators Limited and BMA Commodities Limited has not committed any such offence as provided under those special legislation.