JAISON JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 Cr.P.C.

(2.) The applicant herein is the accused in Crime No.796 of 2018 registered at the Thrikkakara Police Station, under Sections 403, 406, 417, 420, 424, 468, 120(B) r/w. Section 34 of the Indian Penal Code.

(3.) The de facto complainant is M/s. Tata Motors Finance Limited, a company engaged in the financing of automotive vehicles. The 1st accused is a dealer of Tata Motors and the 2nd accused is the Managing Director. The applicant herein is alleged to have purchased an A/C Bus from accused Nos. 1 and 2. It is alleged that with intent to cheat the de facto complainant, the applicant entered into a conspiracy with accused Nos. 1 and 2 and submitted a loan application by giving an inflated value for the vehicle. It is alleged that the original invoice issued by the accused Nos. 1 and 2 to the applicant was forged for that purpose. On the basis of the forged invoice, the loan application was allowed and the amount was disbursed. The accused undertook to pay the amount in 59 installments, commencing from September, 2013. However, due to the failure of the applicant to duly remit the amounts, the vehicle was re-possessed on 29.3.2016 and it was re-sold by the de facto complainant on 20.10.2017 for a much lower amount. When the balance amount was sought from the applicant herein, he gave excuses and failed to pay the amount. On further enquiry, it was revealed that the loan was availed by forging documents. According to the de facto complainant, a sum of Rs. 99.43 lakhs is due to the financier. Stating these allegations, a complaint was filed before the learned Magistrate, which was referred to the police, leading to the registration of the Crime.