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2021 Supreme(Ker) 1191

M. R. ANITHA
Roy A. Varicatt, S/o. V. T. Augustine – Appellant
Versus
M. M. Varghese, S/o. Mathai – Respondent


Advocates Appeared:
For the Petitioners: Sri. Vipin Narayan, Sri. M. Revikrishnan, Sri. V.C. Sarath.
For the Respondents: Sri. Dinesh R. Shenoy, Sri. Sanil Jose, Sri. D. Chandrasekharan.

ORDER :

1. This petition has been filed under Sec.482 Cr.P.C to quash the entire proceedings in C.C.1413/2014 on the file of Judicial Magistrate of First Class-I, Perumbavoor.

2. C.C.1413/2014 has been taken on file by the learned Magistrate upon a private complaint filed by the 1st respondent. After taking sworn statement of the complainant and perusing the complaint and documents, the learned Magistrate taken on file the case under Secs. 403, 420, 409, 418 120B and 34 IPC. Bailable warrant was issued to the 1st accused and summons was issued to accused Nos.2 to 5. Against which the petitioners/accused came up before this Court.

3. Heard both sides. Lower Court Records were called for and perused.

4. According to the petitioners the entire allegation in Ext.P1 complaint is based upon the financial transaction in between the petitioners and the 1st respondent. The allegation in the complaint is that they have induced the 1st respondent to enter into a partnership deed and to part with huge amount promising to conduct gold business in Madagascar. But did not act in accordance with the agreement, thereby cheated the 1st respondent. According to them, even if the entire allegations in the

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