Back
HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SHEELA THOMAS – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. details of the complaint and the accused's actions. (Para 2 , 3) |
| 2. arguments from both parties regarding the nature of the agreement. (Para 4) |
| 3. court's observations on civil versus criminal proceedings. (Para 6 , 7) |
| 4. ratio decidendi regarding cheating allegations. (Para 8) |
| 5. final decision and the allowance of the petition. (Para 9) |
O R D E R
This Criminal Miscellaneous case is filed to quash the proceedings in CC No. 867/2018 on the file of the Judicial First Class Magistrate Court, Payyannur arising from Crime No. 1634/2014 of Payyannur Police Station. The above case is charge-sheeted by the police alleging offence punishable under Sec.420 IPC .
2. The prosecution case is that on 08.08.2011, the accused persuaded the defacto complainant to invest money in her real estate business on the promise to get profit and accordingly, on believing the words, the defacto complainant paid Rs.26,15,000/- on agreement and later, the accused resiled from the agreement, thereby cheated the defacto complainant. The defacto complainant filed a private complaint with the above allegation before the Judicial First Class Magistrate Court, Payyannur and the learned Magistrate forwa
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
