AJIT JAIN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Crime No.1686 of 2019 was registered, on 9.8.2019, on a complaint lodged by the Chairman and Managing Director of a Company on the allegation that he was defrauded and made to part with "99 Diamond Pendants with Gold Chain" by Sri. Prasanth Nair, the accused therein, by portraying himself as an employee of a prominent industrial concern, 'Future Life Fashion'. When it was revealed during investigation that the applicant herein had purchased 48 pendants from the 1st accused with the knowledge that the diamond pendants were stolen property, he was roped in as the 2nd accused. Seeking pre-arrest bail on the assertion that he is innocent and the allegations against him are frivolous, the applicant is before this Court.

(3.) Facts indispensable for the present adjudication portray that the 1st accused Sri.Prasanth Nair was an employee of 'Future Life Fashions' (FLF). He used to associate with the de facto complainant for the purpose of marketing and sale of various products. After ceasing to be an employee of FLF, he approached the informant, on 28.6.2019, and fraudulently placed an order for 48 numbers of single diamond pendants with chain having a value of about Rs.2.5 lakhs by inducing him to believe that he was acting for and on behalf of FLF. He produced false documents to convince the informant. 48 diamond pendants were handed over as per an invoice on condition that its price would be paid within a period of 45 days. On 15.7.2019, he approached and secured another lot of pendants, numbering 48 and later on 26.7.2019 another lot of 3 pendants. There was some delay in effecting payment. On 31.7.2019, an email was received by the informant, wherein it was stated that a sum of about Rs.1.04 Crores had been credited in the account. The informant then went to Bangalore and contacted the accused No.1. On further enquiry, he realised that Prasanth Nair had nothing to do with FLF and that he was defrauded. He was told by the accused that out of the 99 pendants which were sold, 48 pendants were in his residential home, 3 pendants were in the custody of one Sri.Dikshit Harwani and 48 pendants were in the hands of Hitish Mehta in Mumbai. He also realized that the quotes, representations and emails sent by the accused were forged documents. He approached the police and set the law in motion.