SHERIEF K.A. 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 first accused in crime No.299 of 2019 of the Perinthalmanna Police Station which was registered on 25.05.2019 under Sections 379, 403, 406, 417, 418, 420 r/w Section 34 of the IPC. The second accused in the aforesaid crime is one Fathima Shuhaima. The aforesaid crime was registered based on a complaint lodged by the additional third respondent before the Station House Officer, Pernithalmanna Police Station.

(3.) In his complaint, which is dated 23.05.2019, it is alleged that the de facto complainant is the Managing Director of Image Mobiles and Computers and Image VTS solutions. The accused were appointed as General Manager and Regional Manager of Image VTS solutions. It is alleged that on 01.10.2018, an agreement was entered into between M/s Accolade Electronics Private Ltd. and Image Mobiles and Computers for sale and distribution of IT enabled products. As the General Manager, the applicant herein was in charge of sales and distribution of the products. Though the applicant was diligent in his work in the initial stages, later he started acting against the company. It is alleged that the applicant did not furnish proper account statements of the company and also started acting of his own. It is also alleged that 473 GPS equipment were taken away from the company store by the applicant without accounting for the same. It is also alleged that some amounts were received by the applicant in his own account instead of crediting the proceeds in the accounts of the company.