JITHENDRA MADANRAJ CHHAJED Vs. STATE OF KERALA

JUDGEMENT

(1.) The defacto complainant is the Chairman and Managing Director of 'Sunny Diamonds Private Limited' engaged with the business of diamonds at Kochi. He was having business dealings with Future Lifestyle Fashion Limited (FLF), a Bangalore based Company. The FLF company used to purchase diamond items on credit so as to gift the same to its premier customers and the first accused, the marketing Manager of the company was dealing with the transaction on behalf of the company. While so, during the period ranging from 6.7.2019 to 30.7.2019, the first accused purchased 99 Diamond pendants with gold chain worth Rs.2,52,41,976/- for FLF. The purchase was also on credit and when the amount was not paid after a reasonable time the defacto complainant contacted FLF directly and then it was realised that the first accused was terminated from the company as early as on 13.6.2019. The purchase effected by him was without disclosing the fact that he was terminated from the company. Therefore, the purchase by the first accused on credit was with the dishonest intention to cheat the defacto complainant, by producing forged invoices of the company by using it as genuine. With those forged documents he made the defacto complainant to believe that purchase was for FLF. The diamond pendants and chains were parted with, by the defacto complainant with authenticity cards, which a purchaser is entitled to have, with details such as cut, colour, clarity, value, weight and also the name of the purchaser. On enquiry it was further revealed that out of 99 pendants procured by illegal means, 48 pendants alone were in the possession of the first accused. Three pendants were with one Dikshit Harwani. Now, the balance 48 pendants are in the illegal possession of the 3 rd accused, the petitioner herein, is the case of the prosecution.

(2.) On the complaint of the defacto complainant Crime No.1686/2019 of Central Police Station, Ernakulam has been registered under Section 406, 420, 468, 471 read with 34 of the Indian Penal Code .

(3.) Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant as well the learned Public Prosecutor.