The court emphasized the importance of thorough investigation in fraud cases, highlighting shortcomings in procedure as grounds for remanding further inquiry.

O R D E R

Both these cases are arising from Crime

No.166/2019 of Palarivattom Police Station, which was initially registered for the offences punishable under Sections 406 ,420,465,467,468 and 471 r/w. Section 34 of the Indian Penal Code (IPC) against two persons, who are the petitioners in the above

Crl.M.C.

2. The said Crime was registered based on a private complaint submitted by the defacto complainant, the petitioner in WP(C) No.13746/2020, before the Judicial First Class Magistrate Court-IX, Ernakulam alleging the aforesaid offences. The same was referred to the Police under Section 156(3) of the Code of Criminal Procedure (Cr.PC), and the FIR was registered for the offences referred to above. After conducting the investigation, the Police submitted final report, which is produced as Exhibit P2 in the said Writ Petition for the offences punishable under Sections 417,465,471 r/w Section 34 of the Indian Penal Code and the cognizance thereon was taken by the Judicial First Class Magistrate

Court-IX, Ernakulam as C.C.No.316/2019.

3. The main allegations against the accused in the complaint submitted by the defacto complainant were as follows:

The defacto complainant was a person engaged in the business of Cable T.V. The accused persons who were also conducting Cable T.V. business approached the defacto complainant to start a TV channel in Dubai, and he was asked to invest money to start an office here in Cochin. Based on the said understanding, 66000 US Dollars were invested by the wife of the defacto complainant. The specific understanding between the defacto complainant and the accused was that upon making investments, he would be made as the Director of the Company floated by the accused persons, viz. M/s Worldon HD TV Pvt.Ltd, which was established to broadcast Malayalam programs in UAE. Accordingly, as per the minutes of the meeting of the Board of Directors held on 5.8.2016, which was produced as Annexure A2 in the Crl.M.C, the defacto complainant was appointed as the Additional Director of the Company subject to Section 161 of the Companies Act, 2013 and he was supposed to hold the office till the date of the next annual general body meeting of the Company. It was also contended by the defacto complainant that at the relevant time, the wife of the defacto complainant was having a channel frequency licence under the name ‘Minerva Media Solutions’ at UAE, which was obtained from the authorised agency Multimedia LLC (E-Vision). The accused started broadcasting programs in the name of Worldcon HD TV with effect from 9.6.2016 by using the channel frequency licence of the wife of the defacto complainant. Later, the accused persons formed another Company, viz. Worldon Media TV LLC and made the E-Vision authorities in UAE believe that Worldon Media TV LLC is a subsidiary company of Worldon HD TV

Pvt.Ltd clandestinely obtained a channel frequency licence in the name of Worldon Media TV LLC and thereby cheated the defacto complainant. It is also alleged that later, the accused persons, in furtherance of their common intention, had created a document purporting to be the minutes of the Annual General meeting of the Company held on 30.12.2017 at the registered office at Symphony Tower, 11th floor, Vyttila, Ernakulam, to the effect that, the annual general body meeting did not approve the appointment of the defacto complainant as the Director of the Company as no one proposed the resolution for continuation of the defacto complainant as the Director of the Company. Accordingly, he was removed from the Directorship of the Company. Thus, it is contended by the defacto complainant that after collecting huge amounts from the defacto complainant, the accused persons have cheated him by clandestinely removing him from the Directorship after creating false documents. He also alleged misappropriation of the amounts invested by the defacto complainant.

The crime was registered in such circumstances, which culminated in the final report as re