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2021 Supreme(Online)(KER) 39984

C.V.GEORGE – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Regarding the non payment of amount covered by the last four invoices for the goods supplied by the defacto complainant to the accused Nos.1 and 2, who are the husband and wife, a criminal liability under Sections 409 and 420 of IPC sought to be extended by registering a crime and submitting a final report. It appears that what is involved is only a civil dispute regarding the non payment of the amount covered by last four invoices. It will not attract either the offence under Section 409 or 420 IPC. Hence, the FIR and the final report are hereby quashed.

Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE

msp

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF CERTIFICATE OF REGISTRATION NO.72251 DATED 4/9/2007 IN THE NAME OF THE

1ST PETITIONER.

ANNEXURE A2 TRUE COPY OF LICENSE NO.C2-148/2012-13 DATED 10/8/12 IN THE NAME OF 1ST PETITIONER/VARKEY RUBBERS ISSUED BY THE AIKARAND GRAMA PANCHAYATH.

ANNEXURE A3 TRUE COPY OF SPECIAL LICENSE TO DEAL IN RUBBER IN NAME OF 1ST PETITIONER/VARKEY RUBBERS NO.1426048 DATED 21/9/2007 ISSUED BY THE RUBBER BOARD KOCH.

ANNEXURE A4 TRUE COPY OF PROCEEDINGS NO.A-324/05-06 DATED 12/09/2005 IN THE NAME OF THE 2ND PETITIONER /MARIAM RUBBERS ISSUED

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