ORDER :

1. Petitioner is a member of the Kerala Legislative Assembly (MLA) from Pala constituency, having been elected in September 2019. He is facing prosecution as C.C. No. 118/2021 on the files of the Judicial First Class Magistrate Court-VIII, Ernakulam for the offences punishable under Sections 406, 417 and 420 of the Indian Penal Code, 1860 (for short ‘IPC’). He seeks to quash all further proceedings in the above said criminal case.

2. The prosecution is based on a complaint filed by the second respondent alleging offences punishable under Sections 406, 417, 418, 420 and 423 of IPC. The learned Magistrate however took cognizance only for the offences under sections 406, 417 and 420 of IPC.

3. According to the complainant, the accused had cheated him by dishonestly and, without any intention to repay, borrowed an amount of Rs. 2 Crores in the year 2010 and failed to repay the amount except for Rs. 25,00,000/-. When the defacto complainant insisted on re-payment, he induced the complainant to enter into an agreement on 19.11.2013 promising to repay the outstanding amount of Rs. 3,25,00,000/- (inclusive of Rs. 25,00,000/- already paid) on two separate dates and induced confidence i