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1989 Supreme(SC) 106

R. S. PATHAK, S. NATARAJAN
Sajan K. Varghese – Appellant
Versus
State Of Kerala – Respondent


Advocates:
E.M.S.ANAM, G.GOPALAKRISHNAN, K.R.NAMBIAR, KAPIL SIBAL, N.SUDHAKARAN, P.S.POTI, RAJU RAMACHANDRAN, T.S.KRISHNAMURTHY IYER, T.T.KUNHIKANNAN, Y.S.Chitale

JUDGMENT

Nataranjan, J. - The four Special Leave Petitions have been filed against a common order passed by the High Court of Kerala in Criminal M. C. Nos. 49/88 and 63/88 filed respectively by the petitioners in the two sets of special leave petitions. Counter affidavits have been filed by respondents Nos. 3 and 4.

For the sake of convenience, we will refer to the petitioner in S. L. P. Nos. 1127-28/88 as again K. Varghese and the petitioner in S.L.P. Nos. 1148-49/88 as M/s. Super Films.

2. Sajan K. Varghese is the Managing Partner of a film producing concern M/s. Saj Productions and also of a Finance Company known as the Oriental Exchange and Finance Company, Kottayam (for short the Finance Company). It would appear that the Finance Company offered very high rates of interest to investors and depositors and this led to a large number of people investing crores of rupees with the Finance Company and in the case of many, their entire savings. Taking advantage of his position as the Managing Partner of M/s. Saj Productions as well as the Finance Company, Sajan K. Varghese began to utilise considerable sums of money from out of the deposits with the Finance. Company for production of fi

























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