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2015 Supreme(Ker) 559

K.ABRAHAM MATHEW
VARGHESE M. U. – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION, (CBI), ACB, COCHIN – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SMT.MEENAKSHI ARORA, SRI.T.K.SANDEEP, SRI.ARJUN SREEDHAR, SRI.ARUN KRISHNA DHAN, SRI.JOSEPH GEORGE(MULLAKKARIYIL)
FOR THE RESPONDENT: SRI.P.CHANDRASEKHARA PILLAI, C.B.I.

ORDER

Petitioner is the 3rd accused. He is the manging director of the 2nd accused company, which is a registered agent to recruit employees for overseas jobs under the Emigration Act 1983. At the interview conducted by the company in December 2014 about 1200 nurses were selected for appointment to Kuwait government service. They were entitled to free air ticket. Under Rule 25 of the Emigration Rules for the services rendered by it the company was entitled to collect Rs.20,000/- or an amount equivalent to wages for 45 days, whichever was higher from each selected candidate. But it made a false representation to the selected candidates that they were bound to pay the company Rs.19,50,000/- each, and Rs.50,000/- to Rs.80,000/- each towards miscellaneous charges such as visa stamping fee and attestation of documents. Some paid the full amount and others only a part. No receipt was given for the payment. But everyone of the selected candidates was made to sign an affidavit on a 10 rupee stamp paper stating that she paid only Rs.19,500/-, and in its records the company made a false entry that the amount collected from each selected candidate was only Rs.19,500/-. So far as the candidates






































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