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2003 Supreme(Ker) 426

R.BASANT
Kunhali Haji – Appellant
Versus
State of Kerala – Respondent


Judgment :-

R.Basant, J.

The accused is the petitioner. He prays that the criminal prosecution initiated against him by the 2nd respondent/ complainant under S.420 of the Indian Penal Code may be quashed.

2. The complainant had initiated proceedings by filing a private complaint. The gist of the allegations raised by him in the complaint is that the accused had indulged in the offence of cheating. It was a transaction in landed property. The accused had obtained prpperty under Ext.P3 document in the year 1973. He claims to be in possession of the remaining extent of property. He induced the petitioner to believe that the remaining extent- an extent of 91/2 cents is available with him. Making the accused/his mother believe that he has 91/2 cents of 12 cents acquired by him under Ext. P3 after excluding the 21/2 cents sold by him, he induced him to pay the price thereof and take Ext.Pl assignment in the name of the mother of the complainant. The mother of the complainant died and the complainant is the legal heir of his mother. The complainant has now come to realise that the accused had fraudulently suppressed the execution of Ext.P8 document prior to the execution of Ext.P1 document.








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