KISHOREMON Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of Cr.P.C.

(2.) The applicant is the 1st accused in Crime No.315/2019 of Cherupuzha Police Station for having allegedly committed the offences punishable under Section 420 read with Section 34 of the I.P.C.

(3.) The prosecution case, in brief, is that the defacto complainant had approached the applicant who directed him to the 2nd accused for arranging a job Visa in a Five Star Hotel in Malta in Europe and as instructed by the applicant a sum of Rs.60 lakhs was paid by the defacto complainant to the 2nd accused through his account. However, the Visa was not arranged as promised and realising that the defacto complainant was cheated, the 2nd accused allegedly executed an agreement to repay the amount and also issued cheques towards the amount due from him. The cheques were presented and got dishonoured. In consequence of that, the defacto complainant has also proceeded against the 2nd accused for the offence punishable under Section 138 of the Negotiable Instruments Act.