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2025 Supreme(Online)(Ker) 48814

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
SYED RYAS @ SYD MUKTHAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.SRUTHY K.K
For the Respondents: SRI M P PRASANTH

O R D E R Dated this the 31st day of October, 2025 The petitioner is the 2nd accused in Crime No.786/2025 registered by the Walayar Police Station, Palakkad, alleging commission of offences punishable under Sections 3 18 (4) r/w Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023 ( BNS ).

2. The crux of the prosecution case is that, the Malabar Hyper Avenue Private Limited Company ( in short, ‘Company’), which is under the management and administration of the accused 1 to 6 had purchased commodities from ULUVA yogi Horticulture farmers Producer’s Company for Rs.65,00,000/- and failed to pay the amount. While the matters being so, on 07.05.2025, the Company had purchased 30150 kg of black pepper from the 2nd respondent ( de facto complainant) by way of purchase order dated 21.04.2025 for Rs.26,10,000/-. However, the company paid only Rs.5,00,000/- and refused to pay the remaining amount of Rs.21,10,000/-.

Thus, the accused have committed the above offence. 3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned Counsel for the petitioner vehemently argues that the allegations in Annexure 1 complaint and Annexure 2 FIR, even if taken o

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