MUHAMMED HASHEER POOLAKKAL Vs. UNITED ARAB BANK

JUDGEMENT

(1.) The petitioner herein is the respondent in C.M.P. No.50/2021 on the file of the Judicial First Class Magistrate Court - V, Kozhikode. The aforesaid C.M.P. was filed by the 1st respondent herein invoking the powers of the court under Chapter VIIA of the Code of Criminal Procedure, wherein the prayer sought was to initiate the proceedings for attachment of the properties of the petitioner herein. The crucial question that arises here is whether the powers of the court under the provisions of the said Chapter can be invoked based on an application submitted by an individual/establishment or is it necessary to submit a request in this regard by the Central Government.

(2.) The facts leading to the filing of this Crl. M.C. is as follows: The 1st respondent is a banking financial institution in Sharjah, U.A.E. The petitioner herein had availed a credit facility from the said bank for the purpose of his business in U.A.E. to the tune of AED 4,698,243.42. Subsequently, the petitioner defaulted repayment of the loan amount and certain cheques issued by the petitioner towards repayment of the loan were also dishonoured. Accordingly, a criminal prosecution was launched before the U.A.E. court, at the instance of the 1st respondent herein and it culminated in Annexure D order. As per Annexure D, the petitioner herein was found guilty, and he was sentenced to undergo imprisonment for three years.

(3.) On the strength of Annexure D judgment passed by the court in U.A.E., the 1st respondent herein submitted Annexure A application before the Judicial First Class Magistrate Court - VII, Kozhikode for initiating proceedings against the petitioner herein, as contemplated under Ss. 105C to 105J of Code of Criminal Procedure, 1973. After considering the aforesaid petition, Annexure B order was passed, and a direction was issued by the learned Magistrate to the Station House Officer, Feroke Police Station, to take all necessary steps for tracing and identifying the properties of the respondent which were derived as proceeds of crime, as contemplated under sec. 105C. This Crl. M.C. is filed by the petitioner challenging the Annexure B order.