SAINABA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 to 3 in the case registered as Crime No.465/2015 of the Kunnamkulam police station under Sections 420, 405 and 468 read with 34 of the Indian Penal Code. The petitioners seek to quash the proceedings initiated against them pursuant to Annexure-2 first information report, by invoking the power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

(2.) Annexure-2 F.I.R was registered against the petitioners on the basis of Annexure-1 complaint filed by the second respondent in the Court of the Judicial First Class Magistrate, Kunnamkulam which was forwarded to the Station House Officer, Kunnamkulam police station under Section 156(3) of the Code for investigation.

(3.) The material averments in Annexure-1 complaint are as follows: The first accused availed a loan of Rs.8,00,000/- from the complainant company on 19.05.2014 in respect of vehicle No.KL-09/AF/33 on terms of hire purchase. The first accused had agreed to repay an amount of Rs.10,08,000/-, including hire charges, in 24 instalments of Rs.42,000/- each and executed necessary documents in that regard. The second and the third accused had signed the loan agreement as guarantors. The first accused had received the amount and the vehicle had been entrusted with her. However, the accused did not repay any amount to the complainant company. The complainant has come to know that the accused have transferred the vehicle to some other person and removed the vehicle to some distant place with the intention to cheat the complainant and to create false documents. The act of the accused constitutes the offences under Sections 420, 405 and 468 read with 34 of the Indian Penal Code.