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2020 Supreme(Ker) 664

P.SOMARAJAN
Keynote Capitals Limited – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.C.Harikumar, Sri.Renjith Rajappan, Advs.
For the Respondent: Sri.Mathew B. Kurian, Sri.K.T.Thomas, Advs., Sri.E.C.Bineesh, Public Prosecutor.

ORDER :

Annexure A2 protest complaint and all further proceedings in C.C.No.166/2017 on the files of the Chief Judicial Magistrate Court, Ernakulam is sought to be quashed under Section 482 Cr.P.C.

2. Crime was registered on the allegation of offence punishable under Sections 409, 420 IPC against accused 1 to 5. Accused No.1 is a company based at Bombay and accused No.2 is the Managing Director. Accused No.3 is another company, a franchise under accused No.1. They were doing the business of canvassing deposits in the form of trading shares. Accused No. 4 and 5 are the stock brokers assisting accused Nos. 1 to 3. Earlier dividends were released in the year 2012. Again certain other deposits were made with the accused persons. For that also, dividends were released on few occasions. The allegation against accused Nos. 1 to 5 is that deposits were received with the intention to cause unlawful loss to the depositors including defacto complainant and unlawful gain to the accused by playing a device under the guise of shares. It is further alleged that dividends were released with the ultimate intention and purpose to further deceive and to avoid immediate action against the accused person

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