SANDEEP .K. S/O. N.V. SASIDHARAN, Vs. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI

JUDGEMENT

(1.) This application is filed under section 438 of the Cr.P.C., 1973 2.

(2.) The applicant herein is the 1st accused in Crime No.383 of 2018 registered at the Thalassery Police Station, under Sections 420 and 468 of the IPC. The 2nd accused is one Sreelaj, a former employee of the applicant.

(3.) According to the de facto complainant, he enrolled himself as a candidate for MBA examination in a distant education program conducted by the year University based in Rajasthan. The registration was made online and the arrangements were made through an institution run in the name "Future plus", which is managed and owned by the applicant herein. The de facto complainant was told that the total fee for the entire course is Rs. 1 lakh. The second accused was known to him as he was a former classmate. A sum of Rs. 10,000/- was demanded as advance and the said amount was handed over personally to the 2nd accused in the month of April 2016. Later, the balance amount of Rs. 90,000/- was transferred to the bank account of the 2nd accused. According to the de facto complainant, though he did not appear for the second semester examination, he was supplied with a certificate from Future plus. He immediately returned the certificate and demanded back the amount. At this juncture, the 2nd accused is alleged to have informed him that the applicant is in charge of everything and the amount has to be returned by him.