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2011 Supreme(Online)(KER) 17250

HIGH COURT OF KERALA
N.K.BALAKRISHNAN, J
SRIKANT KRISHNAN – Appellant
Versus
APP MIDDLE EAST LLC 417 & ANOTHER – Respondent


Advocates:
SRI.P.VIJAYA BHANU (SR.), SRI.M.REVIKRISHNAN, SRI.VIPIN NARAYAN

O R D E R

The accused in C.C. No:83/2010 of Judicial First Class Magistrate-III, Kottayam, is the petitioner. A private complaint was filed against him by the 1st respondent (hereafter referred to as respondent) before the Chief Judicial Magistrate Court, Kottayam, alleging offences under sections 406 and 420 IPC. It is contended that after recording the sworn statement of the complainant, the learned Magistrate took cognizance and issued process to the accused. That is the order under challenge in this petition filed under section 482 Cr.P.C.

2. It is seen that the complaint was actually of Smt.Premalatha. But the complainant is described in the complaint as 'APP Middle East LLC 417, Al Fahid Buildings, A1 Quais Deira, Dubai Represented by its Managing Director Smt. Premalatha'. In other words it is the company which is shown as the complainant.

3. On going through the allegations made in the complaint it would appear that the accused had made dishonest or fraudulent inducement to the complainant, Smt.Premalatha, and because of such fraudulent or dishonest representation she was made to part with huge amount to the accused. It is the person, Smt.Premalatha, who was allegedly cheated

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