BYJU M.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 438 of the Code of Criminal Procedure.

(2.) The petitioner is the sole accused in Crime No.79/2022 of Kelakam Police Station. The offence alleged against the petitioner is punishable under Sec. 420 of IPC. The defacto complainant in this case is the brother of the petitioner/accused.

(3.) According to the prosecution, the petitioner had obtained an amount of Rs.10,35,000.00 from his brother, the defacto complainant on several occasions after giving promise to transfer the ownership in respect of a bus bearing registration No.KL-58-R 8817. The accused, thereafter, neither transferred the ownership of the bus in favour of the defacto complainant nor returned the money and thereby obtained wrongful gain causing wrongful loss to the defacto complainant.