AJITH THOMSON 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 2nd accused in Crime No. 44 of 2019 of the Thiruvalla Police Station registered under Sections 420, 468, 471, 120B and Section 34 of the IPC.

(3.) The aforesaid crime was registered on 04.01.2019 based on information furnished by one Jose Peter, who is the Chief Executive Officer of Ramtheerth Leasing and Finance Pvt. Ltd. According to the informant, the aforesaid company is a non-banking financial institution registered under the Companies Act and one of their subsidiary companies is Arogya Leasing and Finance Company Pvt. Ltd. The said company is engaged in the disbursement of medical loans to needful patients. It is alleged that the applicant herein was appointed as the Manager (Credit and Sales) of Arogya Finance from 05.12.2016 onwards. He was handed over the entire charge of the State of Kerala. It is further alleged that the 1st accused in the aforesaid crime, Sri.M.J.Jacob, is the proprietor of the two hospitals situated at Eraviperoor. The applicant, along with the 1st accused, is alleged to have submitted forged documents and applied for loans from Arogya Finance. The loan applications were submitted in the names of non-existing persons. The amounts were disbursed to the 1st accused believing the words and representations given by the accused Nos. 1 and 2. It is further alleged that the applicant did not even bother to collect the details of the patients and furnish the same to the de facto complainant. By the acts of accused Nos. 1 and 2, loss to the tune of Rs. 69.4 lakhs was allegedly caused.