HANEEFA A. Vs. THE STATE OF KERALA

JUDGEMENT

(1.) Petition filed under Section 482 Cr.P.C.

(2.) Petitioner is the accused in Crime No.1139 of 2018 of Central Police Station, Ernakulam registered at the instance of the second respondent for the offences under Sections 406 and 420 of the Indian Penal Code. The case has been registered in respect of two luxury cars namely, Audi Q3 and Audi A4. Annexure A is the complaint filed by the second respondent before the Chief Judicial Magistrate, Ernakulam, who forwarded it to the police under Section 156(3) Cr.P and on the .C. basis of which the police registered the case. The case of the complainant is this:

(3.) In the course of the investigation the police seized the two cars from the custody of the petitioner. He would say that he is a dealer in second hand cars and as the second respondent had financial difficulties, he proposed to sell the vehicles to the petitioner. They reached an agreement whereby the price of the Audi Q3 car was fixed at Rs.28,00,000/- and Audi A4 car at Rs.35,00,000/-. The agreement was entered into at the residence of the second respondent at Eroor South, Tripunithura. The petitioner paid the latter Rs.20,00,000/- and agreed to effect registration of both cars. He also agreed to pay Rs.15,00,000/- when the Audi A4 car was delivered at Manjeri where he is doing business in old cars. Further, according to the petitioner, the second respondent handed over the custody of Audi Q3 car at the residence of the latter at Thripunithura. On 19.10.2017, the second respondent delivered the other car at Manjeri and received Rs.15,00,000/- towards the price. The petitioner got Audi Q3 car registered spending Rs.8,00,000/-. As suggested by the second respondent, he and the petitioner jointly entrusted the documents relating to Audi A4 car to an agent at Ernakulam for its registration. The petitioner paid the agent Rs.8,90,000/- towards the expenses. The second respondent agreed to pay the amount due to respondents 3 & 4 financiers. The petitioner agreed to pay the balance amount of Rs.11,10,000/- after the debt was paid off and the ownership of the cars was changed in favour of the petitioner. But, the second respondent did not use the amount paid by the petitioner for discharging the debt.