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2021 Supreme(Online)(KER) 38307

HIGH COURT OF KERALA
K.HARIPAL, J
THOOLIYATH USMAN – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
K.RAKESH, C. SEENA, SRI.U.K.DEVIDAS

ORDER

Petitioner is the defacto complainant in C.C. 782/2013 on the file of the Judicial First Class Magistrate, Perinthalmanna. That case was taken on file on a private complaint preferred by the petitioner before the Judicial First Class Magistrate, Perinthalmanna which was forwarded to the police for registering a crime and investigation under Section 156 (3) of the Code of Criminal Procedure . After completing investigation, charge sheet was laid against the accused i.e., respondents 2 to 4 alleging offence under Section 420 of the Indian Penal Code . The short allegations against the accused are that on 12.08.2009, the first accused had received a sum of Rs.15 lakhs from the petitioner in the presence of the other two accused on the promise that, that money would be invested in share market and the petitioner would be given a return of Rs. 1,000/- for every one lakh and that the amount would be repaid after three months. An agreement was also executed by the first accused. Later, on the same conditions another sum of Rs.10 lakhs was collected from the petitioner after two -

three months, which was also endorsed in the agreement. Again, another sum of Rs.10 lakhs was also colle

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