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2024 Supreme(Online)(KER) 36564

HIGH COURT OF KERALA
P. G. Ajithkumar, J
P.S.SINDHU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
G.HARIHARAN, SRI.PRAVEEN.H, SMT.K.S.SMITHA, SRI.V.R.SANJEEV KUMAR, SRI.V.A.SATHEESH, SRI.V.T.MADHAVANUNNI

ORDER

Petitioner is the 2 nd accused in C.C.No.1090/2018 on the file of the Judicial First Class Magistrate Court, Taliparamba, arising from Crime No.253/2017 of Taliparamba Police Station. It is a prosecution initiated against the petitioner and others alleging offence punishable under Section 420 read with Section 34 of the Indian Penal Code .

2. The prosecution case is that, the accused namely the petitioner and the 4 th respondent herein, cheated the 3 rd respondent to the tune of Rs.19 lakhs on the assurance given by the petitioner and the 4 th respondent to the effect that the 3 rd respondent will be included in the partnership business to be conducted in the name of Fabaron Trading Company and also assuring the share profits of the company. The crime referred above has been registered by the 2 nd respondent on the basis of the written complaint made by the 3 rd respondent as evident by Annexure-I. Annexure-II is the First Information Statement and Annexure-IV is the final report. According to the petitioner, even if the entire allegations are accepted, no offence is made out against the petitioner. Hence this criminal miscellaneous case.

3. Heard the learned counsel for the p

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