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Madhya Pradesh High Court · body

2019 DIGILAW 820 (MP)

Abhay Jain v. State of M. P.

2019-11-23

VANDANA KASREKAR

body2019
ORDER 1. The petitioners have filed the present the present Miscellaneous Criminal Case under section 482 of CrPC for quashment of the criminal proceedings initiated against them vide order dated 2.5.2016 passed by the Judicial Magistrate First Class, Indore. 2. The petitioner No. 1 is the Director and the petitioner No. 2 is the Staff Member of Virtual Voyage College of Designing Media and Management (herein referred as the College). The College is engaged in imparting the learning in the faculty of Fashion design, Media studies, Interior Film making, modeling, even designing, Web designing etc. In the petitioner's College near about 500 students are taking education and more than 1000 students had completed their studies and pass out from the College. The College is affiliated from Makhanlal Tomar Music and Arts University, Gwalior and from Raja Mansingh Tomar Music and Arts University. Both these Universities are recognized from the University Grant Commission. 3. It has been submitted that, one student named Shashank Bafna has taken admission in the petitioner's college in the certificate programme of two year Digital Media Management Programme along with degree course of M.B.A. It has further been submitted that the complainant/respondent No. 2 opted for the degree course of M.B.A. for which the petitioner's college was an authorized study center for Mahatma Gandhi University, Meghalaya. In pursuance to the admission taken by the complainant/ respondent No. 2, the petitioner' college asked to deposit an amount of Rs. 1,05,000/- towards the fees. The respondent No. 2 had completed the major portion of two years Digital Media Management Programme and subsequently before completing the final certificate programme, the respondent No. 2 got selected in Digital Media Company and he got a job. He further submits that, for the course of M.B.A. the respondent No. 2 had not submitted his document related to completion of graduation. The petitioner's college had repeatedly reminded the respondent No. 2 to submit the documents, but he has failed to deposit the said documents. After getting the job in a Digital Media Company, the respondent No. 2 decided to not to continue with the certificate programme as well as with the M.B.A. course and he started to create nuisance in the petitioner's college with respect to refunding of the deposited fee. After getting the job in a Digital Media Company, the respondent No. 2 decided to not to continue with the certificate programme as well as with the M.B.A. course and he started to create nuisance in the petitioner's college with respect to refunding of the deposited fee. It is also submitted that, as per the bylaws framed by the college, it has been specifically mentioned even in the receipt that once the fees has been deposited it is not refundable. The respondent No. 2 creates the Face Book account by virtual boy chor college. The petitioner' college has submitted a complaint against the respondent No. 2 before the authority of Cyber Crime. For the purpose of refunding of the fee, the respondent No. 2 filed a complaint before the District Consumer Redressal Forum, Indore, which was allowed and order was passed directing the petitioner to refund back the fees of Rs. 1,05,000/- to the respondent No. 2 along with interest @ 8% per annum. The respondent No. 2 has also filed a private complaint under section 200 of the Cr.P.C. against the petitioners for commission of offence under sections 384, 468, 471 read with section 120B of the IPC. The respondent No. 2 has also filed an application under section 156(3) of the CrPC before the learned J.M.F.C.Indore. The learned trial Court has allowed the said application and directed the respondent No. 2 to conduct an investigation in the matter. Consequently, the Police had registered a case against the petitioners under section 420 of the IPC. The petitioner's college has deposited an amount of Rs. 1,42,000/- before the District Consumer Redressal Forum, Indore in compliance to the order passed by the Consumer Forum. Being aggrieved by the case registered against the petitioner, the petitioners have filed the present petition for quashment of the said F.I.R. and the criminal proceedings initiated against them. 4. Learned counsel for the petitioners submits that, as per by-laws of the College and even in the receipt, it was mentioned that once the fees has been deposited it will not be refundable. In spite of this, the respondent No. 2 started to create hurdle in the working of the College for the purpose of refunding of the fees. 4. Learned counsel for the petitioners submits that, as per by-laws of the College and even in the receipt, it was mentioned that once the fees has been deposited it will not be refundable. In spite of this, the respondent No. 2 started to create hurdle in the working of the College for the purpose of refunding of the fees. He further submits that the respondent No. 2 has also filed a complaint before the District Consumer Redressal Forum, Indore and Forum has also allowed the said complaint and passed an order by directing the petitioners to deposit the amount of Rs. 1,05,000/- with interest @ 8% per annum. In pursuance to the direction issued by the Forum, the petitioners have already deposited the amount before the Forum. In such circumstance, he prays that the petition be allowed and F.I.R. be quashed. 5. Learned Government Advocate as well as the learned counsel for the respondent No. 2 submit that there are sufficient evidence on record against the petitioners as well as specific allegations against them in the FIR also and, therefore, it does not call for any interference. 6. Heard the learned counsel for the parties and also perused the record. 7. In the present case, the respondent No. 2 has taken the admission in the Digital Media Management Programme as well as in the degree course of M.B.A. run by the petitioners. It is admitted that the petitioner have already deposited the amount of 1,05,000/- towards the admission fees. That, after taking admission in the college, the respondent No. 2 got a job and, therefore, he left the college and started demanding to refund of the fees deposited by him and thereafter filed the complaint. In the by-laws framed by the petitioners' college as well as in the receipt also it has specifically been mentioned the amount deposited by the student shall not be refundable. However, the respondent No. 2 had filed a complaint before the District Consumer Redressal Forum, Indore and said complaint was allowed by the Forum and directed the petitioners to deposit the amount. In pursuance to the order, the petitioners have already deposited the amount before the Forum. The respondent No. 2 cannot claim similar claim in the similar complaint also and therefore, no case is made out. 8. In pursuance to the order, the petitioners have already deposited the amount before the Forum. The respondent No. 2 cannot claim similar claim in the similar complaint also and therefore, no case is made out. 8. In the light of aforesaid, the present petition is allowed and the impugned order 2.5.2016 passed by the learned Court below and the subsequent proceedings initiated against the petitioners are hereby quashed. 9. A copy of this order be sent to the concerned trial Court. ..................