IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 4^TH DAY OF NOVEMBER 2024 / 13TH KARTHIKA, 1946 CRL.MC NO. 773 OF 2019 AGAINST THE ORDER/JUDGMENT DATED IN CC NO.55 OF 2018 OF CHIEF JUDICIAL MAGISTRATE ,KOTTAYAM PETITIONER/S:

ARUN RAVEENDRAN, AGED 40 YEARS RESIDING AT POOVELIL HOUSE, KOTTAYAM VILLAGE, KARAPPUZHA(PO), KOTTAYAM DISTRICT, PIN-686003.

BY ADVS.

SRI.K.M.SATHYANATHA MENON SRI.P.ARUN KUMAR (MONCOMPU)

SHRI.GANESAN M.

SRI.M.S.SARUN SMT.KAVERY S THAMPI RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNALKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM, KOTTAYAM DISTRICT, PIN-

2 V.J. JOHN AGED 79 YEARS VADASSERIPARAMBIL HOUSE, VIJAYAPURAM VILLAGE, MANGANAM(PO), KOTTAYAM DISTRICT, PIN-686018 OTHER PRESENT:

SRI.RENJITH.T.R, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.11.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J –-------------------------------------

Crl.M.C. No. 773 of 2019 --------------------------------------

Dated this the 4^th day of November, 2024

O R D E R

This Criminal Miscellaneous case is filed to quash the proceedings in CC No. 55/2018 on the file of the Chief Judicial Magistrate Court, Kottayam. The petitioner is the accused in the above case. The above case is charge-sheeted alleging offences punishable under Secs. 406 and 420 IPC. The said case is registered based on a private complaint filed by the 2^nd respondent herein before the Judicial First Class Magistrate Court-I, Kottayam. Based on the statement of the complainant and witnesses, the learned Magistrate taken cognizance under Secs. 406 and 420 IPC and the case is numbered as CC No. 52/2017. Later, the said case was made over to the Chief Judicial Magistrate Court, Kottayam and re-numbered as CC No. 55/2018.

2. The allegation in the complaint by the 2^nd respondent herein in brief is as follows :

The complainant is the absolute owner of 4 cents of land and a building in Vijayapuram Village, Kottayam Taluk. In order to meet the expenses in connection with the marriage of the sister of one Rajeev, who is a relative of the complainant, the complainant and the said Rajeev availed a loan of Rs. 1,00,000/- with 6% interest per month from the 2^nd accused and executed a sale deed in favour of the 2^nd accused. It is the case of the complainant that the 2^nd accused had promised to re-convey the property, after clearing the loan amount with interest. Later, the said Rajeev informed the complainant that the 1^st accused had offered loan with lesser interest and hence, the complainant along with said Rajeev and another met 1^st accused and he promised to lend money for a lesser interest than the interest claimed by the 2^nd accused. It is stated that on

13.05.2010, the 1^st accused had granted an amount of Rs.1,00,000/- with interest to the 2^nd accused and accordingly, the 2^nd accused had re-conveyed the said property to the complainant and that the complainant had executed a sale deed in favour of the 1^st accused. It is submitted that the signature of the complainant was obtained on a rectification deed also. The 1^st accused had promised to re-convey the said property on payment of principal and interest, is the submission. Later during June 2011, the complainant and the said Rajeev met the 1^st accused at his workplace and informed that the principal amount and interest will pay in the end of the moth of June and requested to re-convey the said property to the complainant. At that time, the 1^st accused demanded Rs.8,00,000/- for re-conveyance of the said property and later, he demanded Rs.15,00,000/-. Thus, the act of the accused persons amounting to cheating, is the submission. Annexure-A1 is the complaint. Annexure-A2 is the sworn statement of the 2^nd respondent and Annexure-A3 is the sworn statement of the above mentioned Rajeev. According to the petitioner, even if the entire allegations a