THOUFEEK T.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant is the 1st accused in Crime No. 148/2020 of Info Park Police Station, Ernakulam for having allegedly committed offences punishable under Secs. 406 and 420 of the IPC .

(2.) The prosecution case in brief is that the applicant in furtherance of common intention with his wife, who is the 2nd accused, dishonestly induced the defacto complainant to deliver Rs.43,50,000/- (Rupees Forty three lakhs and fifty thousand only) through the bank account to the applicant and a further sum of Rs.6,50,000/- (Six lakhs fifty thousand only) was paid in cash by the defacto complainant to the wife of the applicant believing that they were both partners in a firm named Bismi Foods and Oil Exporters. The defacto complainant and his son are admittedly the partners of a firm named Malayalam Ayurvedic Herbs and it is stated that the applicant and his wife without having registered a firm dishonestly induced the defacto complainant and his son and cheated them of the amount. It is however admitted that the applicant and the defacto complainant had been having transactions for a long time involving lakhs of Rupees. Those were in the names of Bismi Foods and Oil Exporters and Malayalam Ayurvedic Herbs. But the present transaction according to the defacto complainant, is a personal transaction and not concerned with the firms and therefore, the present transaction has to be considered on a different footing from the transactions which took place between the firms earlier. The 2nd accused has been already released on bail by the Sessions Court, but the anticipatory bail sought for by the applicant was rejected on the ground that he has to be subjected to custodial interrogation regarding the existence of the fictitious firm of which he and his wife claimed to be partners.

(3.) Heard the learned Counsel appearing for the applicant, the learned counsel appearing for the defacto complainant and also the learned Public Prosecutor.