THOMAS 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.2520 of 2017 of the Kuruppumpady 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. No.365/CR/OCW-II/EKM/2017. In the said Crime, the petitioners are arrayed as accused Nos. 5 and 6. In the course of investigation, 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. 97,506/- 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.