P.M. THRISANTH Vs. STATION HOUSE OFFICER

JUDGEMENT

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

(2.) A complaint was lodged by one Madusudanan Kutty before the Sub Inspector of Police, Payyannur, wherein he alleges that the applicants herein are the near relatives of his wife. Sometime in the year 2012, the applicants are alleged to have approached him and he was persuaded to believe that they were setting up a tourist home at Parassinikkadavu. He was requested to invest in the said business and he was assured that he would be made a partner. Believing the words of the accused, he is alleged to have issued four cheques for a total a sum of Rs.88 lakhs. The cheques were encashed by the 1 st accused. According to the informant, they did not construct the tourist home as originally promised. The money received was not returned. On the strength of his complaint, Crime No.917 of 2019 was registered under Sec.420 read with Section 34 of the Indian Penal Code.

(3.) This Court, by order dated 25.10.2019, had directed the applicant herein to implead the de facto complainant. Though notice was served, there is no appearance.