SANJAY S.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Cr.P.C.

(2.) The applicant herein is the accused in Crime No.1841 of 2019 of the Thiruvananthapuram Museum Police Station. The aforesaid crime has been registered under Sections 406 and 420 of the IPC.

(3.) According to the de facto complainant, he is the owner of a Mercedes Benz car bearing registration No.KL-01-BT-1111. The applicant is a high end broker of imported cars and he is alleged to have approached the de facto complainant and offered to sell his vehicle for a sum of Rs.55 lakhs. He undertook that if he did not succeed in selling the car, he would book a Range Rover car by paying commensurate amount with the dealer of the vehicle. He also undertook that he would clear the hypothecation in respect of the Benz car. On 18.5.2019, the vehicle was taken away by the applicant. Towards value of the vehicle, the applicant is alleged to have handed over a cheque for a sum of Rs. 27 lakhs. Later, he issued a stop payment letter to the bank and the cheque got bounced. He also received information that the cheque issued by the applicant with the dealer of Range Rover cars was dishonored. It is alleged that by the acts of the applicant herein, the de facto complainant sustained loss to the tune of Rs. 55 lakhs.