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2024 Supreme(Ker) 161

BECHU KURIAN THOMAS
Premchand R. Nair S/o K. P. Ramachandran Nair – Appellant
Versus
Integrated Housing Developers Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Abraham Mathew, Siji Antony, Anil Abey Jose, Elizabeth Oliver.
For the Respondents: M. Sreekumar, Sreeja V.

ORDER :

1. Two sale deeds executed by the petitioners have given rise to two criminal cases, both of which are being challenged in these petitions filed under section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’). Since the material averments, the nature of allegations and the parties are identical, the cases are being disposed of by this common order.

2. Petitioners are the accused in C.C. No. 1093 of 2018 and C.C. No. 1092 of 2018, both on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. The criminal cases arose from complaints filed by the first respondent on 07/02/2017 before the Thiruvananthapuram City Police Commissioner, on the basis of which FIR Nos. 306/2017 and 283/2017 were lodged. Pursuant to the investigation, two separate final reports were filed on 25/04/2018, which are the subject matters of this dispute.

3. The final reports allege that the accused had committed criminal breach of trust and cheating by selling 8 cents of land in Survey No. 1283 as per sale deed No. 3633/2012 for an amount of Rs.22,40,000/- and another 6 cents as per sale deed No. 3527/2012 for an amount of Rs.10,60,000/- , despite having executed a p

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