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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
ABDUL RAZACK MANAGALASSERYIL – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accusations originate from commercial contract defaults. (Para 1 , 2) |
| 2. arguments about the nature of prosecution within commercial law. (Para 3 , 4 , 5) |
| 3. no evidence of initial fraudulent intent established. (Para 6) |
ORDER
Dated this the 18th day of June, 2025 Petitioner is the 1st accused in Crime No.1126 of
2022 registered at the Kannur Town Police Station for the offence punishable under Section 420 read with 34 of the Indian Penal Code , now pending as C.C.No.142 of 2023 on the files of the Judicial First Class Magistrate Court-I, Kannur.
2. The crime was registered on the basis of a complaint filed by the 3rd respondent. The allegations in the complaint are to the following effect;
The complainant is the director of an enterprise named Malabar Agri Expo and Delta Trading Middle East EZE, which is engaged in the business of exporting coconuts. Pursuant to an agreement arrived at between the complainant's enterprise and the petitioner, coconuts were exported based on the orders placed by the accused from 2018 onward. Although the payments for the initial consignments were made promptly, the accused defaulted payments from May, 2019 onwards. Even then, the comp
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