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2021 Supreme(Ker) 94

R.NARAYANA PISHARADI
Shibu Mathew – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.John Mathew, Mathew John (Jma), Advs.
For the Respondent: Sri.Philip J.Vettickattu, Sri.Vineeth Kuriakose, Advs., Sri B Jayasurya, Sr. PP

ORDER :

The petitioner is the first accused in the case C.C.No.1555/2016 pending in the Court of the Judicial First Class Magistrate, Adoor.

2. Annexure-A1 F.I.R was registered against the petitioner and his wife and his father on the basis of a complaint given by the second respondent (hereinafter referred to also as 'the complainant') before the Dy.S.P, Adoor. After completing the investigation of the case, the Dy.S.P, Adoor filed final report against the petitioner and his father for committing the offence punishable under Section 420 read with 34 of the Indian Penal Code.

3. The prosecution case, as revealed from the final report filed, is as follows:

    The first accused had made representation to the complainant that he would arrange job for him in Zambia. On the basis of such representation, the complainant paid a total amount of Rs.1,50,000/-to the first accused. The complainant also gave Rs.4,00,000/-to the second accused, who is the father of the first accused, on 01.06.2014. However, the accused did not arrange permanent job for the complainant as Nursing Tutor in Zambia. They also did not repay him the amount obtained from him. Thus, they cheated the complainant and committed

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