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2024 Supreme(Online)(KER) 39607

HIGH COURT OF KERALA
K. Babu, J
SUGATHA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.T.N.SURESH, SMT.YEDU KRISHNA S., SMT.MEDHA MARIA MATHEW, SMT.AISWARYA UNNIKRISHNAN, SMT.RANJITHA C.R., SMT.NIMA JACOB, PP

Table of Content
1. accused's actions (Para 4 , 5 , 6)
2. counsel's submission (Para 7)
3. elements of cheating (Para 8)
4. evidence and charge framing (Para 9)
5. trial procedure (Para 10 , 11 , 12 , 13 , 14 , 15 , 16)

O R D E R

The challenge in this criminal revision petition is to the charge framed by the Judicial First Class Magistrate Court, Njarakkal in C.C.No.301/2016 against the revision petitioner/accused No.2.

2. Respondent No.2 filed a complaint alleging offence punishable under Section 420 read with Section 34 of the IPC against the revision petitioner and her husband.

3. Respondent No.2 pleaded the following in the complaint:-

The accused, who are husband and wife, are known to the complainant for the last many years. On 20.12.2012, accused No.1 borrowed a sum of Rs.4,19,000/- from the complainant/respondent No2. He had assured that he would repay the amount on or before 19.11.2013. On 22.11.2013, the complainant approached accused No.1 and demanded to repay the amount. Accused No.1 issued two cheques, one for Rs.2,00,000/- and another for Rs.2,19,000/- drawn on the Union Bank of India, Mallipuram Branch. While handing over the cheques, accused No.1 had informed the complainan

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