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2024 Supreme(Online)(KER) 38971

HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
MARIYU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.T.H.ABDUL AZEEZ, SRI. AJMAL V. A.

Table of Content
1. perusal of the same (Para 5 , 6)
2. without proof of fraudulent intent (Para 7 , 8 , 9)

ORDER

This Criminal Miscellaneous Case is filed to quash C.C.No.247/2018 on the file of the Chief Judicial Magistrate Court, Manjeri. It is a prosecution initiated against the petitioner alleging offence under Section 420 r/w 34 of the Indian Penal Code . 2. The prosecution case is that the petitioner along with the 2nd accused made the defacto complainant believe that they would arrange a landed property to the defacto complainant for purchase, for which on 14.05.2010, an agreement has been entered between the petitioner and the defacto complainant, agreeing the registration of sale deed of the property in favour of the defacto complainant within six months. The defacto complainant paid an amount of Rs.10 lakhs to the accused. The accused failed to convey the property as promised by the agreement within the time prescribed. Hence it is alleged that the accused committed the offence. Annexure-I is the final report. According to the petitioner, even if the entire allegations are accepted, no offence is made out.

3. Heard counsel for the petitioner and the Public Prosecutor.

4. Thi

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