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2024 Supreme(Online)(KER) 42806

HIGH COURT OF KERALA
HASANUL BANNA – Appellant
Versus
THE STATE OF KERALA – Respondent


ORDER

This Crl.M.C is filed to quash the proceedings in CC No.585/2018 on the files of Judicial First Class Magistrate Court-I, Tirur, arising from Crime No.71/2018 of Tirur Police Station. The above case is charge sheeted against the petitioner alleging offences punishable under Sections 406 and 420 of the Indian Penal Code. 2. The above case is registered based on a private complaint filed by the 2nd respondent before the Judicial First Class Magistrate Court-I, Tirur, which was forwarded under Section 156(3) Cr.P.C. The allegation against the petitioner is that, he and the 2nd respondent entered into an agreement for innovating the house of the 2nd respondent and the petitioner obtained an amount of Rs.10,000/- on 25.04.2013 and Rs.2,00,000/- on 18.05.2013. He further alleged that he had obtained an amount of Rs.20,00,000/- on various occasions on the promise that the said amount would be spent in the procurement of costly materials for renovation of the house. However, accused used under quality materials for the renovation of the house and the renovation was done in such a manner that water was leaking during the monsoon. Hence it is alleged that accused committed the offence.

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