ISMAYIL MUBARAK Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) These applications are filed under section 439 of the Code of Criminal Procedure, 1973.

(2.) The applicant herein is the 2nd accused in Crime No. 600 of 2018, 596 of 2018 and 646 of 2018 of the Panoor Police Station. All these crimes are registered under Sections 406 and 420 r/w. Section 34 of the Indian Penal Code. The 1st accused in the aforesaid Crimes is the son of the applicant herein.

(3.) The de facto complainant is a business man and he was having acquaintance with the 1st accused. He was allegedly persuaded by the 1st accused to invest in a Company by name 'Al Amber Real Estate and Trading' registered at Qatar and was assured whopping profits on his investment. Placing implicit reliance on the assertions of the 1st accused, the de facto complainant is alleged to have invested 2,35,000 QAR in the company. However, when the profits did not flow as assured, the 1st accused was asked to return the money. Towards settlement, cheques were issued by the 1st accused on an account maintained by him with the Qatar National Bank. However, none of them was honoured by the bank, when the same was presented for collection. Immediately thereafter, the 1st accused is alleged to have left the country and came back to India. Insofar as the applicant herein is concerned, it is alleged that he had taken part in the discussions held between the parties.