FAISAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The same accused in Crime No. 350/2017 of Feroke Police Station and Crime No.850/2017 of Ernakulam Central Police Station,for offences punishable under sections 406,417,420 read with section 34 IPC is the petitioner in both the cases.

(2.) In Crime No.350/2017, the allegation, as is discernible from the private complaint laid by the complainant is that the accused, who is the managing director of a private Limited Company by name MGS Associates readymix trading Pvt.Ltd., represented himself to be the stockist of one Dalmia Magnesite Corporation and offered dealership to the defacto complainant. An amount of Rs. 75,00,000/- was paid in the course of business. His grievance is that, he was made to believe that, the dealership would fetch huge returns. However, it was found that the turnover was bad and hence, he did not get sufficient business. The dispute arose between the parties and the private complaint was laid alleging commission of various criminal offences.

(3.) In Crime No. 850/2017, the allegation of the defacto complainant is that, the accused had offered to give the product of MGS Associates from 21/8/2016 to November 2016 and obtained a sum of Rs.54 Lakhs. He did not supply the goods for the value of the amount received. It was also stated that, from 20th October 2016 onwards, MGS Associates ceased to be the authorised dealer of Dalmia Magnesite Corporation and suppressing it, the petitioner continued the business and collected Ten Lakhs of Rupees suppressing that he has ceased to be the authorised dealer. It is stated that defaults in supply were committed. Complaint was laid by both the defacto complainants, pursuant to which the petitioner herein was arrested in Crime N0.350/2017 on 5/6/2017 and in Crime No.850/2017 on 26/5/2017.