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2018 Supreme(Ker) 552

SHIRCY V.
Sijo John S/o Kundukulangaraparamban Johny – Appellant
Versus
State of Kerala Represented By The Public Prosecutor High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. K. Ramakumar (sr.) Smt. Asha Babu Sri. G. Renjith
For the Respondent: Sri. G.Sreekumar (Chelur) M.K. Pushpalatha

ORDER :

1. This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been filed by the petitioners who are arraigned as accused No.1 to 3 in Crime No.165/2014 for having committed offences punishable under Sections 406, 420 and 34 of the Indian Penal Code. They seek to quash the final report.

2. The brief facts that could be culled out from the pleadings and records would show that the petitioners are the owners of certain extent of property in Erumapetti village. The de facto complainant lodged a complaint before the Judicial First Class Magistrate, Wadakkanchery alleging that on 2.9.2013 the petitioners have entered into an agreement for sale of their properties to him and his brother for a total sale consideration of 7,10,00,000/-. An advance amount of Rs.2,25,00,000/-was also received on the very same day. The period fixed for performance of the sale agreement was 31.12.2013. But the petitioners failed to execute the sale deed in their favour as promised and also failed to return the advance amount received by them. Though the de facto complainant approached him for the advance amount on failure to execute the sale deed, two che



































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