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2025 Supreme(Online)(Ker) 56861

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
AMJATH K.P – Appellant
Versus
JAFFAR YASIN – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ATHUL ROY, SHRI.P.A.MARTIN ROY, SMT.K.S.JAYASUDHA, SHRI.LIMJITH K.J., SMT.ANEETA TRESA PAUL
For the Respondents: SRI SUNIL P RAJ

ORDER

The petitioner is the accused in L.P. No.55 of 2020 (C.C. No.807 of 2017) on the file of the Court of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam, which arises out of Crime No.1587 of 2011 registered by the Kochi City Police Station (South), for allegedly committing the offences punishable under Sections 406 and 420 of the Indian Penal Code.

2. The gist of the prosecution case is that, the 1st respondent (defacto complainant) was introduced to the petitioner by one Riyas Rahmal. On the basis of this acquaintance, the petitioner borrowed Rs.9.5 Lakh on three occasions from the 1st respondent. Subsequently on 02.07.2011, the petitioner borrowed the car of the 1st respondent bearing registration No.KL-7-BH-4736 for the purpose of going to the Airport. However, the petitioner failed to return the car; instead sold the vehicle using forged documents and caused a loss of Rs.15,08,500/- to the 1st respondent.

3. I have learned counsel for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner submits that, even if the allegations in the Final Reports are taken on its face value, the same will not constitute the offences

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