STATE OF KERALA Vs. VIJI

JUDGEMENT

(1.) These revision petitions arise out of a common order passed by the Chief Judicial Magistrate, Ernakulam discharging accused Nos. 2, 3 and 5 under S.239 of the Code of Criminal Procedure, 1973 from proceedings arising out of C. C. No. 972 of 1994. Accused, five in number, have been charge sheeted by the Detective Inspector, Crime Branch C.I.D., Special Squad, Trivandrum for offence under S.406,409 and 420 of the Indian Penal Code read with S.34 I.P.C.

(2.) Accused Nos. 1 and 3 are respectively the Managing Partner and partner of Chennakkadan Company Investors and Financiers having registration number 460/83 which was functioning in a shop room bearing door No. 37/1664/B in Flower Junction, T. D. Road, Ernakulam. Accused Nos. 2 and 4 are brothers and 5th accused is the wife of the first accused. Accused Nos. 1 and 4 are absconding.

(3.) C.C. No. 971 of 1994 was filed on the basis of the criminal complaint lodged by C.W. 1 based on which crime No. 303/87 was registered by the Central Police Station, Ernakulam. C.C. No. 972 of 1994 was filed on the basis of the written complaint lodged by C.W. 1 a depositor. Several complaints were received from the general public stating that Chennakkadan Company had duped large number of depositors promising that deposits made by them would carry 36% interest and the amount would be returned at any time with interest on demand. Sixteen witnesses C. Ws. 1 to 16 were cited by the prosecution in support of its case that the above mentioned firm, had received large amounts from the general public making such false representations through newspapers which had attracted several depositors. P.W. 1 had deposited Rs. 12,000 on 23-7-1986 as per receipt No. 797 and on 20-8-1986 Rs. 10,000 as per receipt No. 857 and CW 2 deposited Rs. 25,000 on 3-11-1986 as per receipt No. 1714 with the aforesaid firm and accordingly altogether an amount of Rs. 47,000 was entrusted by C. Ws. 1 and 2 to the firm of which first accused is the Managing Partner and third accused is the partner. Similar deposits were received from several others on public advertisement. In violation of the stipulations, on 6-6-1987 the accused closed down the firm without returning the deposits with interest to depositors including CWs 1 and 2. The accused had therefore committed offence punishable under S.406,409 and 420 read with S.34 I.P.C. Case was registered as crime No. 303/87 of the Central Police Station on the basis of petition filed by C.W. 1 before the City Police Commissioner. C.W. 12, the Sub Inspector of Police, of the Central Police Station had conducted preliminary investigation. Later investigation was taken over by Crime Branch C.I.D., Special Squad. On completion of investigation C.W. 16 Detective Inspector laid charge against the accused before court.