ASSIS P.S. Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioners herein are the accused Nos. 1 to 5 in Crime No.2163/2017 of the Thodupuzha Police Station, registered alleging offences punishable under Sections 406 , 420 and 506(i) r/w. Section 34 of the Indian Penal Code.

(3.) The petitioners 1 and 4 are brothers and the petitioners 2 and 5 are their respective wives. The 3 rd petitioner is the son of the 1st petitioner. The petitioners 1 and 4 are business men and they are running various concerns at Thodupuzha. The de facto complainant was a family friend of the petitioners. While so, in the month of March, 2016, the petitioners 1 to 3 are alleged to have approached the de facto complainant and impressed upon her, the prospects of commencing various business at Thodupuzha. She was assured with good profits and was also informed that her son can also take an active part in the running of the business. It is alleged that on various occasions, the de facto complainant advanced a total sum of Rs. 97,80,000/-. When the profit as assured was not paid, she questioned the petitioners. It is alleged that without furnishing proper accounts, the de facto complainant was intimidated by the accused Nos. 1 and 2. She later realised that she was defrauded by the accused. Later, at the instance of mediators, a sum of Rs. 13 lakhs was returned. It is further alleged that on 11.11.2017, she was threatened and coerced to sign on an agreement. Stating these allegations, a complaint was filed before the learned Magistrate which resulted in the registration of the Crime.