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2025 Supreme(Online)(Ker) 58951

IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.ARUN, J
SHUHAIB M.H – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SHARAN SHAHIER, SMT.RHEA SHERRY, SMT.TREESA SHAJI, SMT.ANGELINA JOY
For the Respondents: SRI.P.E.SAJAL, SHRI.MUHAMMED HISHAM T., SMT.FATHIMA RINSHA T.P., SRI. M.C. ASHI, SR.PP.

Table of Content
1. nature of allegations and accused's status. (Para 1)
2. arguments concerning nature of investment and fraud. (Para 2 , 3)
3. court observations on civil vs criminal liability. (Para 4)

ORDER

The petitioner is the accused in Crime No.387 of 2023 registered at the Marad Police Station for offences under Sections 406 and 420 of IPC , now pending as C.C. No.167 of 2024 on the files of the Judicial Magistrate of First Class-V, Kozhikode. The crime was registered based on a private complaint filed by the 2nd respondent and forwarded to the Police by the jurisdictional Magistrate for investigation. The allegations against the petitioner are to the following effect;

The petitioner misled the 2nd respondent into believing that he is the owner of the chain of food joints named 'Burger Lounge' engaged in the business of selling burgers and other meat based delights. With the intention of deceiving the 2nd respondent for financial gain, the petitioner falsely represented that he would sell the 'Burger Lounge' outlets located across Kerala and received Rs.70 Lakhs as advance sale consideration. Thereafter, when the 2nd respondent enquired about the business, he came to understa

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