Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MANI C. KAPPAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. prosecution based on alleged cheating through dishonest inducement. (Para 1 , 2 , 3) |
| 2. arguments centered on the nature of the dispute as civil rather than criminal. (Para 4 , 5) |
| 3. evaluation of the complaint's content revealing alleged criminal intentions. (Para 7) |
| 4. discussion of essential elements of cheating as per ipc provisions. (Para 8 , 9 , 10) |
| 5. court's conclusion affirming the validity of the prosecution's case. (Para 11 , 12 , 13 , 14) |
ORDER
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 .
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
