NOUFAL NISAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 438 of the Criminal Procedure Code by the third accused in crime No. 2234/2020 of Muvattupuzha police station. The petitioner contends that he was arrayed as an accused in the crime on the allegation that he had colluded with other accused persons in arranging job abroad in Bangkok and thus amount of Rs. 83,37,000/- was collected from 27 persons. Later all of them were taken to Bangkok but job could not be arranged. After about 15 days they came back to native place. Later, it is said, it was offered that they would be given job in Malaysia and on that promise Rs. 1,80,000/- each was collected from different persons. That amount, coming about Rs. 37 lakhs, was collected through the account of the third accused the petitioner; thus they were taken to Malaysia. Even though all of them spent 97 days in Malaysia, they could not be given any placement, thus they returned to native place. The crime was registered on the complaint of one Joby M. Mohanan to the effect that the accused have cheated him and others offering job, thus collected Rs. 1,20,37,000/-; on those allegations the crime was registered alleging offence under Section 420 r/w 34 of the IPC.

(2.) I heard counsel on both sides.

(3.) Since it was stated that the crime was registered on the basis of a private complaint moved before the Judicial First Class Magistrate, Muvattupuzha by Joby M. Mohanan, he was impleaded as additional second respondent and notice was sent to him. Even though the notice was duly served, he did not turn up or make any representation at the time of hearing the petitioner's counsel.