SAMSON K.J Vs. NAZEER T.M

JUDGEMENT

(1.) This is a petition filed by the 2 nd accused seeking to quash the private complaint, pending on the files of Judicial First class Magistrate Court-III, Kottayam as C.C No.1649/2015 against him. The true copy of the private complaint is appended to the petition on hand as Annexure-D.

(2.) Annexure-D was lodged by one Mr.Nazeer T.M as complainant under Section 190 & 200 r/w Sub-Section (3) of Section 156 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C '). The complainant is allegedly engaged in a small scale business in rubber & petroleum products near Karukachal, Kottayam District and the 1st accused is a Public Limited Company registered under the Companies Act , 1956, having its registered Office at First Floor, MES Building, Ernakulam and Corporate Office at 36-202, JJ Complex, Diary Methanam Road, Kochi-682024. The Company is a financial service provider and is engaged in the business of equity and commodity broking. The 2nd accused, the petitioner herein was arrayed as the Managing Director of the 1 st accused Company. The 3rd accused is the Branch Manager of the 1st accused Company and the 4th accused is the commodity Dealer of the Company at Kottayam Branch. During the month of December 2013, the 1st accused Company through its representatives, including tele-marketing representatives, approached the complainant and made him believe that the 1st accused company, which was known earlier as JRG Securities Ltd, started in the year 1994 is a pioneer in equity and commodity trading business with international reputation. The representatives of the Company made the complainant believe that quality investment solutions and profits will be offered by the Company within a short span of time. Thus, they persuaded the complainant to invest money with the 1st accused Company and to start depository and trading account with the Company.

(3.) It was alleged that the company represented by the Managing Director, the Managing Director himself and the Branch Head of Inditrade Derivatives and Commodities Ltd. and the Commodity Dealer of the company aforesaid were responsible for the transactions done by the company and accordingly, they were also arrayed as accused in the complaint.