ROBIN THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 482 of the Cr.P.C. seeking to quash Annexure A2 charge sheet in Crime No. 1128 of 2019 of Piravom police station. The crime was registered on the basis of the Annexure A1 complaint preferred by the 2nd respondent before the Judicial First Class Magistrate Piravom, alleging offence punishable under Section 420 read with Section 34 of the IPC. Petitioners are accused numbers 1,2 and 4 in the crime.

(2.) At the outset, substance of Annexure A1 complaint can be set out. The complainant, second respondent is running a small stationery shop at Pazhoor in Piravom; on getting information that the 1st petitioner is employed in Portugal, he happened to contact him over phone and made enquires about obtaining a visa in Portugal; he happened to contact the 1st petitioner knowing that he used to arrange job visa in Portugal. When contacted, he said that visa can be arranged at an expense of Rs. 7,50,000/-. Then he offered to arrange job of a driver in Portugal for three years at an expense of Rs. 5,50,000/-; he was tod that on getting employment as a driver in Portugal, he would get salary of Indian Rs. 1,00,000/- per month. On the basis of such an information, and on making him believe that the visa will be arranged and as directed, the 2nd respondent transferred an amount of Rs.50,000/- to the account of the 2nd accused in the Peruva branch of the Federal bank; later on the instructions of the 1st accused, he proceeded to a private consultancy in Bangalore and made certain signed statements. After ten days, 2nd accused collected an amount of Rs. 20,000/- in cash from the complainant. Later, on the instructions of the 1st accused, he contacted the 3rd accused and Rs.3,90,000/- was deposited in the Karippadam branch of Federal Bank of the 2nd accused. He had also transferred an amount of Rs. 30,000/- to the credit of 4th accused through SBI Kalamassery Branch. Further an amount of Rs. 47,000/-was transferred to the account of the 3rd accused. Again Rs. 15,000/- was also transferred. Thus altogether Rs. 5,52,000/- was parted with by him for the purpose of getting visa in Portugal. The 3rd accused had given back his passport on 10-07-2019 along with the visa. But, it came out that, it was a visitors visa using which employment could not be obtained. When accused Nos. 1 and 3 were contacted, they said that, it was a mistake on the part of the Embassy, that on reaching Portugal, his job visa will be cleared. But later he understood that he was being cheated by the accused persons; though Rs. 5,52,000/- was collected from him in different instalments, a job visa as agreed was not arranged, instead a visiting visa which was effective for thirty days alone was given to him and thus, that complainant was filed alleging offence punishable under section 420, read with Section 34 of the IPC.

(3.) When that complaint was forwarded to the police for investigation under Section 156 (3) of the Cr.P.C., the crime was registered and on completion of investigation charge sheet has been laid against the accused persons four in number. The petitioners are accused Nos. 1,2 and 4.