ABOOBACKER KUTTIKKOL 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 accused in Crime No. 438 of 2019 of the Chandera Police Station, registered under Sections 406 and 420 of the IPC.

(3.) The factual matrix which led to the registration of the aforesaid crime can be stated thus .The de facto complainant and her daughters were the owners of an item of property wherein a fuel pump licensed by the BPCL was situated. She entered into an agreement with the applicant herein on 09.02.2017 as per which, the applicant agreed to purchase the property together with the fuel pump for a total consideration of Rs.3.5 crores. The parties agreed that steps can be taken to transfer the licence as well. A sum of Rs.1.5 crores was transferred to the de facto complainant and an assignment deed was executed. The balance amount were to be paid in three instalments payable from 15.03.2017. Towards security, three cheques were also handed over by the applicant. It is alleged that by giving certain excuses, the cheques were obtained back and an agreement dated 09.12.2017 was entered into between the parties. Later, the applicant is alleged to have gone back on his word. He approached the de facto complainant and sought for inducting another partner by suppressing the fact that the proposed partner is the licensee of an existing pump. Later, another partner was brought in and the de facto complainant was persuaded to transfer the licence of the pump to his name. This was done on March, 2019. However, the balance amount which was due was not paid. According to the de facto complainant, the accused had acted with intention to deceive her and sought for initiating penal proceedings.