SAJUDEEN A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Section 438 of the Cr.P.C. by the first accused in crime No.26/2021 of Chadayamangalam police station, Kollam, which was registered alleging offence under Sections 420, 379 and 468 read with Section 34 of the IPC. Petitioner is the first accused in the crime. Going by Annexure-1 FIR, the 2nd respondent had filed a complaint before Court which was forwarded for registration of the crime and thus the crime was registered. It is alleged that the accused persons, with the intention of cheating and causing unlawful loss to the complainant and making illegal gain to themselves, after taking an interlock cement block company from the complainant on lease, agreeing to pay monthly rent of Rs.20,000/-, failed to pay the same. Later, the 3rd accused had sold a tipper lorry, KL-40F-2239, to the complainant on the basis of a sale agreement for a consideration of Rs.6,20,000/-; Rs.3,00,000/- was received in advance; it was agreed that the balance amount of Rs.3,20,000/- will be paid at the time of transferring ownership of the vehicle. But later the accused persons, in furtherance of their common intention, dishonestly thieved the vehicle from a workshop at Thattathumala and thus committed the crime.

(2.) I heard the learned counsel for the petitioner, the learned Public Prosecutor and also Sri.Abdul Salim, the 2nd respondent who appeared in person and argued for his case.

(3.) According to the learned counsel for the petitioner, the vehicle was sold by the 3rd accused to the petitioner under Annexure-2 agreement dated 17.12.2020. He has disowned any such transaction between the 2nd respondent and the said Eldose, the 3rd accused. In other words, the agreement dated 13.10.2020 relied on by the 2nd respondent has been disowned by the petitioner. According to him, there is no such transaction between the 3rd accused and the 2nd respondent and the vehicle was sold to him by the 3rd accused under the agreement dated 17.12.2020 after receiving an amount of Rs.3,00,000/-; the balance amount was agreed to be paid to the said Eldose, the 3rd accused, on transferring ownership of the vehicle.