MUHAMMED IRSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner challenges an order issued by the Judicial First Class Magistrate's Court-II, Kasaragod in Crl.M.P. No.564 of 2021. By the impugned order, the learned Magistrate has refused to forward the complaint to the police for investigation under Sec. 156(3) Cr.P.C and has instead decided to provide an opportunity to the complainant by directing his examination under Sec. 200 Cr.P.C.

(2.) The revision petitioner, who is the complainant, alleged that the accused had obtained an amount of Rs. 94,00,000.00 from the complainant allegedly for improving a company by the name 'Rastech Engineering' owned by accused 1 and 2. The complainant is alleged to have been induced to make investments in the above company by even the remaining accused, who made him believe that they were receiving profits from the investments made by them.

(3.) The complainant alleged that the accused had approached him in January 2012 and induced him to deposit Rs. One Million Qatar Riyal, while accused 3 to 5 came to the house of the complainant on 26/2/2012 and informed him that they have also invested in the business and are deriving income. Based upon the aforesaid inducements and promises, the complainant and his friends are alleged to have invested large amounts of money in 2012 with the expectation that they would get a share of the profit. However, in 2013, when the complainant demanded his share of profits, it was misrepresented that the company could not be started. Thereafter, accused requested further amounts to be deposited, which was also done in June, 2013. Later, on realising that the office of the accused in Qatar was closed, revision petitioner enquired about it which resulted in accused 1 and 2 abusing the complainant and even stating that they had no intention to return the money.