SUBASH LAMBAT Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the first accused in Crime No.1314/2024 of the Thrissur West Police Station, Thrissur, registered against the accused for allegedly committing the offences punishable under Ss. 406 and 420 r/w Sec. 34 of the Indian Penal Code. The petitioner was arrested and remanded to judicial custody on 8/4/2024.

(2.) The crux of the prosecution case is that; the accused 1 and 2, in furtherance of their common intention, misrepresented to the defacto complainant that they were dealing in scrap articles of a company in Goa and induced him to pay them Rs.1,25,00,000.00during the period between 7/3/2022 and 14/3/2022, on the assurance that they would supply him the scrap articles. However, the accused failed to supply the scrap articles to the defacto complainant and refused to return the money. Thus, the accused have committed the above offences.

(3.) Heard; Sri. Joseph Antony. C., learned counsel appearing for the petitioner, Sri. C.S. Hrithwik, the learned Public Prosecutor, and Sri. Sreehari Indukaladharan, the learned counsel appearing for the defacto complainant/intervenor.