THOMAS AND ORS. Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 439 of the Code of Criminal Procedure, 1973.

(2.) The petitioners herein are the accused Nos. 3 and 4 in Crime No.1275 of 2017 of the Chalakkudy Police Station, registered under Sections 406, 420 r/w. Section 34 of the IPC. The Crime has now been transferred to the CBCID and has renumbered as Cr.247/CR/OCW2-II/EKM/17. In the said Crime, the petitioners are arrayed as accused Nos. 11 and 12. In the course of investigation, Section 409 of the IPC and Sections 3, 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 were added.

(3.) The allegation is that accused formed a Company by name Phenomenal Health Care Services Ltd. with its Head Office at Mumbai and opened an office at Chalakudy in Thrissur District. The Company collected a sum of Rs. 1,80,000/- from the complainant on an assurance that the said amount would be repaid with 100% appreciation in a period of 9 years. On the failure of the accused to repay the amount after the maturity period, a complaint was lodged based on which the Crime was registered.