SHOUKATHALI. C.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioner herein is the 3rd accused in Crime No.43 of 2018 of the Tirur Police Station, registered under Sections 420 r/w. 34 of the Indian Penal Code.

(3.) The 1st accused in the aforesaid Crime is Sri.Jayachandran, who is the Managing Director of M/s. Accomplish Marketing Pvt. Ltd., a registered Company, which used to carry on jewellery business in the name and style as "M/s. Thunjath Jewellery" at Tirur. The informant is a lady by name Rabia, who used to work as an agent of M/s. Thunjath Jewellery. Using her skills, she canvassed business for the Jewellery and persuaded not less than 100 persons to deposit about Rs. 30 lakhs in the deposit scheme run by the 1st accused. The Company pulled its curtain down and abruptly closed down the business. The amounts deposited by the investors were not repaid. It is alleged that the 2nd accused, one Kunjootty, managed to unite all the depositors and a meeting was held at his house. He assured that he would manage to secure the money deposited from the Directors of M/s. Thunjath Jewellery. For the purpose of getting police aid, he collected a sum of Rs. 50,000/- from the informant. While so, she came to know that the petitioner herein was effecting payments to various depositors. She contacted the petitioner and he is alleged to have rebuked her for handing over Rs. 50,000/- to the 2nd accused. He promptly drafted a complaint and handed it over to the informant and she was asked to submit the same before the Police. An agreement was also entered into on 19.10.2016. According to the informant, no amount was paid to her. Several depositors are now proceeding against the informant. Stating all these allegations, a complaint was filed, based on which the aforesaid Crime was registered.