IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 15^TH DAY OF JANUARY 2024 / 25TH POUSHA, 1945 CRL.REV.PET NO. 766 OF 2022 AGAINST THE ORDER DATED 26.09.2022 IN CC 125/2014 OF CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM (CRIME NO.260/2014 OF ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM)

REVISION PETITIONER/ACCUSED NO.2:

HAEIR* APPLIANCES (INDIA) PVT. LTD.

THURUTHIYIL BUILDING, BUILDING NO.1577 A, GEETHANJALI ROAD,NH.47,VYTILA,KOCHI-19, KERALA-682019, REPRESENTED BY ITS BRANCH MANAGER, DAMIEN.

BY ADVS.

E.G.GORDEN S.K.KRISHNAKUMAR V.M.MARY HARSHA BONIFUS P.A.

RESPONDENTS/DEFACTO COMPLAINANT & ACCUSED NO.1:

1 STATE OF KERALA REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

2 M/S. SURYA MARKETING, 3/391, C8, KAYPEES PLAZA, NEAR BYE-PASS JUNCTION, RAMANATTUKARA, KOZHIKKODE, RESPRESENTED BY ITS MANAGING PARTNER, K.T. NATHEER, S/O. K.T MOHAMMED ADURAHIMAN, AGED 42 YEARS, 'AJINAS', ANKAPARAMBA, P.O.PUTHOOR PALLIKKAL, MALAPPURAM DISTRICT, KERALA-673636.

3 HAEIR* APPLIANCES (INDIA) PVT. LTD.

B-1/A-14, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI, PIN-110044 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR.TARUN KAMBOJ.

*CORRECTED AS 'HAIER' PER ORDER DTD 26-10-23 IN CRL.MA1/23.

R1 BY SMT.SEENA C., PUBLIC PROSECUTOR R2 BY ADV P.C.MUHAMMED NOUSHIQ THIS CRIMINAL REVISION PETITION HAVING COME UP FOR FINAL HEARING ON 19.12.2023, THE COURT ON 15.01.2024 DELIVERED THE FOLLOWING:

P.G. AJITHKUMAR, J.

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Crl.R.P.No.766 of 2022 -----------------------------------------------------------

Dated this the 15^th day of January, 2024

O R D E R

The 2^nd accused in C.C.No.125 of 2014 on the files of the Chief Judicial Magistrate, Ernakulam is the petitioner. The learned Magistrate framed charges against the petitioner and also the 1^st accused in the case on 26.09.2022. The correctness, legality and propriety of the proceedings of framing charge are challenged in this revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Code).

2. The 3^rd respondent herein is the 1^st accused.

Service of notice on the 3^rd respondent is dispensed with.

3. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the

2^nd respondent.

4. The offences alleged in the final report are punishable under Section 120B, 405 and 420 read with Section 34 of the Indian Penal Code, 1860 (IPC). The following is the charge framed against the petitioner as also the 3^rd respondent:

“That you, A2, the Branch Manager of the company “Haier Appliances India (P) Ltd.” and A1, Sri. Tarun Kambo, the Authorised Representative of the said company, conspired together to cheat CW1 namely Nadeer and in pursuance of the conspiracy, a Dealership-cum-Distribution Agreement was entered into between the company and CW1 on 10.03.2008 for distribution of Home Appliances and you, A2, appointed CW1 as the Authorised Distributor of the items for the Districts of Kozhikode, Malappuram and Wayanad and thereafter failed to attend service complaints of the damaged appliances, causing CW1 to sustain loss of Rs.22,500/- in the business and also you, the 2^nd accused appointed new distributors in violation of the dealership- cum-distribution agreement and without the knowledge of CW1 to destroy the business of the firm of CW1. Further, you, the accused persons presented the Master Cheque given by CW1 at the time of signing the agreement in the bank without giving any prior notice to the complainant and caused the same to bounce and then filed a criminal case against CW1 and thereby cheated CW1 and failed to pay an amount of Rs.57,591/- which was due to CW1 in the business transaction. Thus you have committed the offences of criminal conspiracy, criminal breach of trust and cheating punishable u/Ss. 120B, 405 & 420 r/w. S. 34 IPC and within my cognizance.”

5. The learned counsel for the petitioner woul