BEFORE THE HIGH COURT OF KARNATAKA AT BANGALORE

(VACATION COURT)

CRIMINAL PETITION NO.__________OF 2018

BETWEEN: 

Sri.ABC                                                                ....PETITIONER

AND:

State of  Karnataka,

Cubbon Park Police                                                  ....RESPONDENT              

SYNOPSIS 

1. That one CED on 14.09.2017 approached the Respondent Police and filed a written complaint against one PQR and others including the petitioner herein-Accused No.2, thereby alleging that on 03.12.2004 `Flyeasy India’ belonging to ABC Aviation and Trading Service Pvt. Ltd. had published an advertisement for recruitment of `Trainee First Officers’ (TFOs).  That in response to the said advertisement, the Complainant along with others submitted their CVOs along with the application fee of Rs.15,000/- Further, the Complainant and others were informed about they having passed the Aptitude Test, psychometry and group discussion and they are required to appear for simulator check to be conducted at `Flight Simulation Technique Centre (FSTC), Gurgaon, Haryana. It is further alleged that they are being considered for first batch of Trainee First Officers (TFOs) to be deputed abroad for type-rating (specific training) for which they are required to partraining cost of Rs.37.00 lakhs to be paid before they are deputed for type-rating.  It is the further alleged  that as advised, the Complainant along with others made part payment towards the training cost, however since neither they were given the training nor there was any intention on the part of the Accused to start the training operations; complaint and others requested for refund of the entire amount paid by them and upon the same not having been met, they approached the Respondent Police with a prayer to initiate appropriate action and help them in recovering the entire training fee and stipend fee.  The Respondent Police upon receipt of the complaint, has registered Crime No.00/2017 for the offence punishable under Section 420 of the Indian Penal Code against Mr. PQR and others including the Petitioner herein.

LIST OF DATES AND EVENTS

December 03, 2014	Advertisement for recruitment of Trainee First Officers (TFO’s) came to be issued by `Flyeasy India’.
January 04, 2015	Aptitude Test was conducted on the Complainant and others and they were
January 24, 2015	Appointment offer letters were issued to the Complainant and others indicating that the total training cost would be Rs.37.00 lakhs per person.
April 27, 2015	3 day Orientation course came to be conducted at Bengaluru for all the Trainees.
October 13, 2015	Petitioner assures of starting the operations at the earliest.
January 26, 2017	Complainant and others made a request for the refund of the Training cost paid by them, since no operations were started by the Accused.
September 14, 2017	Present complaint came to be filed, alleging cheating on the part of the Accused and requesting the Police to ensure refund of the training cost.

 

Bangalore; 

Dated:                                                                        ADVOCATE FOR PETITIONER 

BEFORE THE HIGH COURT OF KARNATAKA AT BANGALORE

(VACATION COURT)

CRIMINAL PETITION NO.__________OF 2018

BETWEEN: 

Sri. ABC                                                                 ....PETITIONER

AND:

State of  Karnataka,

Cubbon Park Police                                                  ....RESPONDENT              

INDEX

 

Sl.No.                              Particulars                                 Pages 

1. Memorandum of Criminal Misc.Petition under section 438 of the Criminal  Procedure Code

02    Annexure A -   Certified Copy of the complaint and FIR 

                             No.00/2017  

 

03    Annexure B  -   Copy of the order passed in Crl.Misc.No.00/2017

 

04   Annexure C -   Copy of the Order passed in Criminal Petition No.00/2017

    C/w 00/2017 and 00/2017

5. Annexure D - Copy of the order passed in Criminal Petition No.00/2018 

                                 C/w 00/2018

6. Annexure E -  Copy of the statement showing the details of amounts 

collected, refunded and also the expenses incurred from the     

year 2013           

         

    Date: 

    Bangalore                                                 Advocate for petitioner 

BEFORE THE HIGH COURT OF KARNATAKA AT BANGALORE

(VACATION COURT)

CRIMINAL PETITION NO.__________OF 2018

BETWEEN: 

Sri. ABC

S/o.  Ali XYZ

Aged about 39 Years

R/o Villa No 76-B, Shobha Malachite, 

Jakkur Plantation, Yelahanka

Bengaluru 560 064                                                  ......PETITIONER

 

AND:

State of  Karnataka,

Cubbon Park Police

Represented by Public Prosecutor

High Court of Karnataka                                          ......RESPONDENT            

 

                  

MEMORANDUM OF CRIMINAL PETITION UNDER SECTION 438 OF THE CODE OF CRIMONAL PROCEDURE

 

2. The address of the Petitioner for the purpose of issue of notices, summons etc., from this Hon’ble Court is that of his counsel Mr. OTP, No.00/8/2, Ramanamaharishi Main Road, Upper Palace Orchards, Sadashivanagar,  Bangalore -560 080.

3. The address of the Respondent for the said purpose is that of its counsel, the State Public Prosecutor, High Court Building, Bangalore.

4. One CED on 14.09.2017 approached the Respondent Police and filed a written complaint against one PQR and others including Mr.DEC (Petitioner herein) who is named as Accused No.2, thereby alleging that on 03.12.2004 `Flyeasy India’ belonging to ABC Aviation and Trading Service Pvt. Ltd. had published an advertisement for recruitment of `Trainee First Officers’ (TFOs).  That in response to the said advertisement, the Complainant and others submitted their CVOs along with the application fee of Rs.15,000/- to `Flyeasy India’ Company. The further allegation in the complaint is that on 04.01.23015 Aptitude Test came to be conducted at St. Josephs College of Commerce, Brigade Road, Bengaluru which was followed by Psychometry test and group discussion.  Further, the Complainant and others were informed about they having passed the Aptitude Test, Psychometry and group discussion and they are required to appear for simulator check to be conducted at `Flight Simulation Technique Centre (FSTC), Gurgaon, Haryana for which they were asked to pay further fee of Rs.35,000/-; that they paid the same and  appeared for Simiulator Check conducted at FSTC under the supervision of Capt. Leela Singh, Chief Pilot with `Flyeasy India’. It is further alleged in the complaint, that on 24.01.2015 they received a call from one Mr.F, who was the Recruitment Officer with `Flyeasy India’ about they having cleared the Simulator Check and they are being considered for first batch of Trainee First Officers (TFOs) to be deputed abroad for type-rating (specific training) and subsequently, they received appointment offer letter dated 24.01.2015, wherein it was indicated that the training cost would be Rs.37.00 lakhs to be paid before they are deputed for type-rating and accordingly  complainant and  others made part payment towards the training cost.   It is further alleged that on 27.04.2015 an email was sent intimating about 3 day Orientation course to be held at Bengaluru, but however it was abruptly closed after 2 days of training; that on 20.06.2015 they were asked to contact `Flyeasy’ office for information regarding payment of stipend; that on 24.08.2015 they were informed about the Jet Orientation Training which was to be held at Pune, being delayed by 10 days; that, on 27.08.2015 they were informed about Chief Pilot, Capt. OPR has left the Bengaluru office for personal reasons, however he is accessible on phone; that they were informed about the payment of stipend from June, 2015 irrespective of the flying operations; however, subsequently it was communicated to them that stipend would be payable to only those of the candidates who have deposited the entire amount of Rs.37.00 lakhs.  It is further averred/alleged that on 10.09.2015 they were reassured about the mandatory Air Operator Permit would be obtained from the Director General of Civil Aviation, New Delhi and they are working hard to obtain the same in order to start the flying operation by October/November, 2015;that on 13.10.2015 one Mr.ABC (Petitioner herein) sent an email about everything would go well and they are looking for a strategic partnership with Gulf Airlines; it is further alleged that the briefing session for TFOs which was scheduled on 14.12.2015  at Bengaluru, came to be postponed to January 6 & 7<sup>th</sup> 2015, however the same never took place; that on 20.01.2016 petitioner re-assured about `F India’ being financially stable and Mr.PQR (Accused No.1) has offered properties worth 30 million dollars; that, on 24.03.2015 Mr.COD (Accused No.4), General Manager, `Flyeasy’, explained about the difficulties in they starting the operations; that, on 26.07.2016 Mr.A called on behalf of Capt. OPQ and asked about the Pilot license details; On 10.01.2017 Sri ABC (Petitioner) made a press statement about they investing in Air Pegasus and to become the majority stake holders in said Air Pegasus and all the TFOs were told about they becoming part of Air Pegasus once operations start in April/May, 2017; but, however, there was no subsequent news about merger of `Flyeasy India’ and Air Pegasus. 

5. It is further alleged in the complaint that, in the given circumstances on 26.01.2017 they made a request to `F India’ to refund the entire amount paid by them  and in response to the same, Mr.ABC, (Petitioner) had informed about they receiving the refund within 4 weeks. That on 08.06.2017 the Trainee First Officers TFO ’visited S Developers office on St. Marks Road and they were assured of refund by  Mr.PQR; On 09.06.2017 Mr.ABC (Petitioner) handed over cheques to few of them and Mr.PQR assured of these cheques getting cleared. But, however the said cheques were returned by the Banks  for insufficient funds; on 13.09.2017 when hey again  visited the S Developers office for demanding refund they, were threatened by the Goons forcing them to call Police Control Room, who directed them to contact Cubbon Park Police Station for necessary action.  That, in the aforementioned  alleged circumstances complainant approached  the Respondent Police with a prayer to initiate appropriate action and help them in recovering the entire training fee of Rs.37.00 lakhs each as well the pending Stipends. The Respondent Police upon receipt of the complaint has registered Crime No.00/2017 for the offences punishable under Section 420 of the Indian Penal Code against Mr.PQR and others including the Petitioner herein, who has been arrayed as Accused No.2.  The copy of the complaint along with the F.I.R. is produced herewith as Annexure-A.

6. The allegations made in the complaint being false and fictitious since, there was never ever any intention of cheating on the part of the petitioner and the complaint now filed being  civil in nature; petitioner being innocent approached the learned Sessions Court for the relief of Anticipatory Bail in by filing Crl.Misc.No.00/2017.  However, the learned Sessions Judge vide his order dated 17/10/2017  was pleased to reject the said Bail petition. Copy of the order passed in Crl.Misc.No.00/2017 is produced herewith as Annexure-B.

7. It is submitted that after rejction of his Bail plea in Crl.Msc. 00/2017;  petitioner had earlier approached this Hon’ble Court for seeking Anticipatory Bail by filing Criminal Petition No.00/2017 which came to be  considered along with Criminal Petition No.00/2017 and 00/2017 filed by Accused No.1 and Accused No.3 respectively.  That, this Hon’ble Court vide its common Order dated 28.12.2017 was pleased to reject all the above mentioned 3 Criminal Petitions.  The copy of the Order passed in Criminal Petition No.00/2017 C/w Criminal Petition No.00/2017 and 00/2017 is herewith produced as Annexure-C.

8. It is submitted that thereafter  Accused No.1, 3 and 4 in Crime No.00/2017 had approached this Hon’ble Court for the relief of anticipatory bail by filing Criminal Petition Nos.00/2018 and 00/2018; that this Hon’ble Court vide its Order dated 19.03.2018 was pleased to allow the said petitions and ordered for release of the Petitioners thereat on bail by imposing certain conditions.  The copy of the Order passed by this Hon’ble Court in Criminal Petition Nos.00/2018 and 00/2018 is produced herewith as Annexure-D.

9. It is submitted that the allegations made in the complaint are farfetched and same amounts to  arm twisting tactic employed by the Complainant and others by converting a purely civil in nature dispute/litigation into one of criminal; it is relevant to bring it to the notice of this Hon’ble Court, that several of the Trainees have been refunded with the entire training fee and it is the Petitioner herein who is instrumental in ensuring the said refund.  A statement showing the details of amounts collected, refunded and also the expenses incurred from the year 2013 onwards is herewith produced as Annexure-E.  

10. In the circumstances, the Petitioner being innocent of the allegations made is approaching this Hon’ble Court for the relief of anticipatory bail on the following amongst other grounds.

GROUNDS

11. The petitioner has not committed any offence much less the offences alleged in the complaint.

12. For an offence to be committed under Section 420 there has to be a pre-determined intention/mens rea on the part of the Accused to cheat.  A bare reading of the complaint would make it absolutely clear that there was never any intention/mens rea on the part of the petitioner to cheat the Complainant or anyone else. A bare reading of the averments of the complaint makes it amply clear that by no stretch of imagination the alleged offences under section 420 of IPC is attracted against the Petitioner.

13. The complaint dated 14.09.2017 is an afterthought   and all the while and also previous to the filing of the complaint; the, Complainant was in the know-how of the things/efforts  being made by the petitioner to start the operations which would have benefited the Complainant.   Hence, a mere non-keeping of a promise in starting the operations for Trainee First Officers would not by any  stretch of imagination fall within the ambit of  commission of an offence under Section 420 of the Indian Penal Code.

14. A purely Civil in nature dispute  is sought to be given the colour of a criminal activity/s;  the entire complaint allegation/s  is about Complainant having deposited certain amount with ABC Aviation and Trading Service Pvt. Ltd. wherein the Petitioner herein is also one of the office bearers along with others;  for undergoing Trainee First Officers counselling  session and, that neither counselling was conducted nor money was  refunded . That, mere fact of he being the Director of the said Company would not by itself lead to the presumption of petitioner has indulged/wanting to cheat  the complainant as falsely alleged in the complaint

15. There is not one specific averment/s in the entire complaint about  an act by the petitioner which would attract the commission of an offence under section 420 of the Indian Penal code. 

16. The complaint dated 14.09.2017 is an afterthought   and all the while and also previous to the filing of the complaint; the, Complainant and others were in the know-how of the things/efforts  being made by the petitioner to start the operations which would have benefited the Complainant and others.  Hence, a mere non-keeping of a promise in starting the operations for Trainee First Officers would not by any  stretch of imagination fall within the ambit of  commission of an offence under Section 420 of the Indian Penal Code.

17. That similarly placed persons (Accused Nos.1, 3 and 4 in Crime No.00/2017) as of the petitioner and against whom very same allegations are made, have been granted Anticipatory Bail, by this Hon’ble Court in Criminal Petition No.00/2018 C/w 00/2018. Hence, the petitioner is also entitled for the relief of Bail on parity.

18. The Petitioner apprehends that he will be arrested by the Respondent police on the allegation of having committed the said offence which is non-bailable in nature. The Petitioner submits that he has not committed the alleged offence as made out in the complaint. He is innocent and is being falsely implicated in the matter. The Petitioner is a man of means owning immovable property/s in Bangalore.

19. The Petitioner is a Law abiding citizen of India and is having great respect and honour in the society and is residing in Bangalore for the last more than ...... years and currently residing at the address shown in the cause title above. 

20. The alleged offence is not exclusively punishable with death or imprisonment for life. He is prepared to offer bail and undertakes to abide by any reasonable condition/s that this Hon’ble Court may be pleased to impose for the grant of the reliefs prayed for in this Petition. There are no special reasons for refusing the reliefs sought for. There is no necessity or requirement for custodial interrogation.

21. That the Petitioner is ready and willing to abide by the conditions that may be imposed by this Hon’ble Court and he is further ready to provide adequate and acceptable surety to ensure his sincere co-operation to the investigation agency and further he will hamper investigation or tamper the prosecution witnesses.

22. Viewed from any angle, the present case is a fit case to be considered for granting equitable order by this Hon’ble Court.

PRAYER

WHEREFORE, it is prayed that this Hon’ble Court be pleased to direct the Respondent Police to enlarge the Petitioner on bail in the event of his arrest in Crime No.00/2017 registered for the offences under section 420 of IPC, in the interest of Justice

Bangalore                                 

Dated:                                                ADVOCATE FOR PETITIONER

                                                                       

BEFORE THE HIGH COURT OF KARNATAKA AT BANGALORE

(VACATION COURT)

CRIMINAL PETITION NO.__________OF 2018

BETWEEN: 

ABC

S/o.  XYZ

Aged about 39 Years

R/o Villa No 76-B, Shobha Malachite, 

Jakkur Plantation, Yelahanka

Bengaluru 560 064                                                  ....PETITIONER

 

AND:

State of  Karnataka,

Cubbon Park Police

Represented by Public Prosecutor

High Court of Karnataka                                           ....RESPONDENT                                 

APPLICATION UNDER SECTION 438(2) OF THE CODE OF CRIMINAL PROCEDURE

1. The above Petition is filed seeking the relief of Anticipatory Bail at the hands of this Hon’ble court in Crime No 00/2017 registered by the Respondent Police for the offence under section  420 of the Indian Penal code.

2. It is submitted that, the Petitioner has been arrayed as Accused No.2 in the  above referred Crime No.00/2017 registered by the respondent Police for the offence under section 420 of the Indian Penal Code; that, the present complaint is an after thought and the petitioner has not committed any offence much less the alleged offence.

3. A bare reading of the complaint averments would make it absolutely clear about the same being Civil in nature and as such, the present complaint in the present form is an deliberate tactic to convert the Civil liability if at all,  into one of Criminal.

4. It is submitted that, on the strength of the false case lodged by the informant, the Respondent police are making hectic efforts to apprehend the Petitioner.

WHEREFORE, for the reasons stated in the accompanying Affidavit this Hon’ble Court be pleased to grant Ad Interim Anticipatory Bail and direct the respondent Police to release the Petitioner on Bail in the event of his arrest in CRIME No.00/2017 registered  for the offence under section 420 of the Indian Penal Code  pending disposal of the main matter in the interest of justice and equity.

Date:

Place: Bengaluru                                       Advocate for Petitioner                                                                

BEFORE THE HIGH COURT OF KARNATAKA AT BANGALORE

(VACATION COURT)

CRIMINAL PETITION NO.__________OF 2018

BETWEEN: 

Sri. Rajesh Ebrahim Kutty Beevi                                ....PETITIONER

AND:

State of  Karnataka,

Cubbon Park Police                                                  ....RESPONDENT                                                             

A F F I D A V I T

1. I ABC, S/o XYZ, Aged about 39 Years R/o. Villa No.76-B, Bengaluru  56 064 do hereby satte on oath as follows;

2. I, state that, I am the petitioner in the above petition and I, know the facts of this case.

3. I, have preferred the present  I.A. for the relief of Interim Anticipatory Bail in  Crime No.00/2017 registered by the respondent Police for the offence U/s 420 of the Indian Penal Code.That, to avoid repetition the averments made in the main petition may be read as part and parcel of this Application.

4. I, state that for commission of an offence under section 420 of the IPC, the main ingredient is the prior intention  to cheat on the part of the person alleged to have cheated another.  There is no allegation in the complaint that at the inception itself there was any intent on  the part of the petitioner to cheat, that in the absence of the basic ingredient no case under section 420 of IPC  has been made out.

5. I, state that, a bare reading of the complaint averments would make it absolutely clear about the same being Civil in nature and as such, the present complaint in the present form is an deliberate tactic to convert the Civil liability if at all,  into one of Criminal.

6. That, as per the complaint  allegations the same pertains to an alleged incident committed on 31/03/2016 but, however the present complaint has been filed  only on 14^th September 2017 i,e after more than one year of the alleged incident. That, the present complaint is an after thought and the petitioner has not committed any offence much less the alleged offence.

7. I, state that,  other Accused Nos 3 and 4 have already been granted  the relief of Anticipatory Bail by this Hon’ble Court in Criminal Petition No.00/2018 C/w 00/2018.

8. I, state that, I am a Business man having good reputation in the locality and society at large;  that, on the strength of the false case lodged by the informant, the Respondent police are making hectic efforts to apprehend the Petitioner. Hence, it is just and necessary to grant the relief of Interim Anticipatory Bail in favour of the petitioner.

9. The averments at para 1 to    of the accompanying application are true and correct.

10. What is stated herein above is true and correct

WHEREFORE, for the reasons stated herein above, this Hon’ble Court be pleased to allow the accompanying Application in the interest of justice and equity.

Date:

Place: Bengaluru                                                 DEPONENT                     

Identified by me

 

Advocate

No.of Corrections