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2023 Supreme(Online)(KER) 10261

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SAI SERVICE PRIVATE LIMITED – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.JAYABAL MENON, REKHA AGARWAL, MOLTY MAJEED, C.A.MAJEED (M-36), K.H.ASIF (K/478/2007), P.B.UNNIKRISHNAN NAIR (K/445/2012), RUBEN GEORGE ROCK (K/636/2014), SRI VIPIN NARAYAN SR PP, SRI PRASHANTH MP PP, IEANS.C.CHAMAKKALA, K.SUJITH (THURAVOOR) (K/133/2016), AADHAL THANKACHAN (K/001107/2022)

ORDER

The 1st petitioner herein, M/s. Sai Service Private Limited is a company registered under the Companies Act, 1956. They contend that they are the authorized sales and service partner for the vehicles manufactured by Maruti Suzuki India Ltd. It is contended that the 1st petitioner has a subsidiary by name “M/s. True Value”, which is set up to be an authorized reseller of used cars.

2. According to the petitioner, a certain Febin P. Ibrahim was the “Team Leader” in charge of “M/s. True Value” showroom at Kolencherry, Piravam, and Koothattukulam. Being the team leader, and the authorized signatory, the aforesaid Febin, was empowered to deal with and sell the cars.

3. While so it came to the notice of the petitioner that with the intention to cause wrongful loss to the petitioners herein and to gain unlawfully, the aforesaid Febin P. Ibrahim forged records and thereafter sold cars bearing registration Nos. KL-40-K-9867, KL-39-B-2409, KL-01-BB-0019, KL-63-C-6364, KL-34-B-0168, and KL-40-B-9428 and thereby caused a loss of Rs.11,35,000/-. Based on the complaint lodged by the 2nd petitioner, a crime was registered interalia under sections 406, 420, and 408 of the IPC . A Tata Indica C

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