RAKHUL KRISHNAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Dated this the 21st day of December, 2020 The petitioner has approached this Court seeking to direct respondents 1 to 4 to initiate action to implement Ext.P2 International Arrest Warrant as per the provisions of the Extradition Act,1962 and to handover the 8th respondent to the Government of Dubai as per the provisions of the Extradition Act, 1962 and other enabling legal provisions.

(2.) The petitioner states that he was an NRI businessman doing business in Dubai, UAE. The 8th respondent befriended the petitioner claiming that he is a business partner of a well known Hotel in Dubai. The 8th respondent borrowed an amount of Six Million UAE Dirhams from the petitioner as a financial help to his businesses. The 8th respondent promised to repay the amount before 10.06.2015. But, before the said stipulated date, the 8th respondent absconded to India without repaying the amount.

(3.) The petitioner would submit that the 8th respondent had borrowed money from several banks and other individuals in UAE and had absconded from UAE to India without discharging his debts. There are 8 criminal cases registered against the 8th respondent by Dubai Police. The petitioner presented the personal guarantee cheque of 6 Million AED issued by the 8th respondent on 01.04.2016. The cheque was returned unpaid for insufficiency of funds. The petitioner filed a criminal case against the 8th respondent in Naif Police Station in Dubai. By Ext.P1, the Dubai Court convicted the 8th respondent for imprisonment for a term of two years. The petitioner initiated the procedure in Dubai criminal court to issue Interpol Red Warrant against the 8th respondent. An International Arrest Warrant was issued against the 8th respondent on 16.05.2018 as evidenced by Ext.P2.