CT Cases 34236/2019

ASHWANI SHARMA VS. P.P. RAVEENDRAN

25.02.2022
Proceedings conducted through video conferencing via Cisco Webex
Meeting application.
Present : Complainant with Ld. Counsel Devender Nath Tripathi.

ORDER

1. It is stated by the complainant that he has been cheated by the

accused on the pretext of getting his son enrolled/ andmitted in a reputed
school of South Delhi. It is stated that accused took advance payment from
the complainant on the pretext of fee and other school expenses, however,
did not adhere to his words/promises of getting the child admitted in the said
school. It is asserted that the accused, who had initially projected to be an
educational counselor/ co-coordinator, was found by the complainant to be
having no action with the concerned school. Accused later presented the
cheque issued by the complainant towards school admission fee, for his own
purposes and impleaded him in false cases before NI Court of Kerala.
2. ATR was called. As per the ATR, there is a monetary dispute
between the complainant and accused persons. After examination, accused
informed that he has given a friendly loan to complainant and complainant
handed over a cheque no.718213 to the alleged but the same could be
encashed and accordingly the accused has filed a case under NI Act vide ST-
984/2019, Kozikode, Kerala. From inquiry from the school, it is surfaced
that there is no provision of advance fee, prior to the release of admission
list.
CT Cases 34236/2019 ASHWANI SHARMA Vs. P.P. RAVEENDRAN Page no.1 of 2
3. Arguments heard. Record perused.
4. In view of the facts and circumstances, the very fact that inquiry
of the investigating officer has disclosed that no advance fee is required prior
to admission, itself supports the assertion of cheating by fraud played by
accused. The complaint discloses commission of cognizable offences from
which an FIR is warranted. Present application under Section 156(3) Cr.P.C
is allowed. Concerned SHO is directed to register an FIR on the basis of
police complaint and investigate the matter fairly.
5. Copy of FIR be sent to Court on or before the next date.
6. Copy of this order be sent to SHO, PS Ambedkar Nagar for
necessary intimation and compliance.
7. Put for compliance report of investigation on 31.03.2022.

(CHARU GUPTA)
CHIEF METROPOLITAN MAGISTRATE
SOUTH DISTRICT/SAKET COURTS
25.02.2022

CT Cases 34236/2019 ASHWANI SHARMA Vs. P.P. RAVEENDRAN Page no.2 of 2