MUHAMMAD MUSTHAFA Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure.

(2.) The applicant herein is the 3 rd accused in Crime No.47 of 2018 of the Wandoor Police Station registered under Sections 420 and 406 IPC.

(3.) In his complaint lodged before the Circle Inspector of Police, Wandoor Police Station, the de facto complainant alleges that he is running a Super Market at Jeddah in Saudi Arabia. In the month of February, 2018, the 1 st accused in the aforesaid crime approached the de facto complainant and induced him to part with 4 lakhs Saudi Riyals (SAR), which is equivalent to a sum of Rs.85 Lakhs. The de facto complainant was assured that the amount borrowed as aforesaid would be repaid without delay. It is alleged that after receiving the money, the 1 st accused left the country. Seeking to initiate action against the 1 st accused, a complaint was lodged on 13.03.2018, based on which the subject crime was registered.