2019 (1) TMI 1516

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....the contention of the applicant that, he has nowhere connected for the alleged offences registered against him. There is no prima facie case against the applicant to frame charge. The learned Special Judge (ASJ-3), not considered his submissions and wrongly rejected his application. Hence, the present revision application. 5. Heard Shri Anand Jaiswal, learned senior counsel for the applicant. He has pointed out charge sheet and submitted that the applicant has not played any role to siphon the amount of Wasankar Wealth Management Prt. Limited (hereinafter referred to as 'WWML Company', for short). The learned Senior Counsel also submitted that the statements of Naresh Shrimal Chandan, Dimple Kanungo and Dheeraj Shah do not show t....

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....t of WWML Company. The learned APP has submitted that day by day, Investigating Authorities are receiving complaints in respect of deposits to WWMPL Company and now, the amount is swollen more than Rs. 250 Crores. The main accused WWML Company with the help of present applicant committed fraud to the several depositors. At last, he has submitted that, at the time of framing charge, the Court has to see the prima facie materials on record. The learned ASJ-3 (Special Judge) while rejecting the application for discharge, found that there is sufficient material against the present applicant and therefore, the application came to be dismissed. 7. Perused the order dated 12.04.2018 of the learned ASJ-3, Nagpur (Special Judge). The findings rec....

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....shares about 2,65,000 @ Rs. 445/- per share from Kanungo. Some amount remained to be paid to the Kanungo. He was knowing the applicant. The applicant himself suggested him that Wasankar Company wanted to invest some amount in the property/in the share. The applicant and Kamlesh Kanungo stated him that he did not pay the balance amount, if he sells some shares to Wasankar (WWML Company) then he could give the said amount to Kanungo and he also would receive profit of Rs. 5/- per share. Therefore, on the say of this applicant, he entered into Memorandum Of Understanding with (1) Vinay Wasankar, (2) Bhagyashree Wasankar and (3) Mithila Wasankar. He sold shares to them and received the amount of Rs. 11,89,75,000/-. Statement of Smt. Dimple K....