This criminal miscellaneous case is filed to quash the proceedings in C.C.No.1352/2017 on the file of the Judicial First Class Magistrate Court-V, Mattancherry. It is a final report filed against the petitioners and others alleging offences punishable under Section 420 read with Section 34 of the Indian Penal Code . Annexure-I is the final report.

2. The prosecution case is that the 3 rd accused introduced the petitioners to the defacto complainant as owners of Holly Angels Charitable Trust, and the petitioners borrowed Rs.25 lakhs from the defacto complainant agreeing to repay the same with additional Rs.1 crore 25 lakhs. Believing their assurance, the defacto complainant transferred Rs.25 lakhs from the account maintained at Vijaya Bank in the name of his concern Holly Cross Candles to the 1st petitioner’s account. On the same day an agreement was also entered between them agreeing to repay the same as stated above within one month.

It is also stated that Rs.5 lakhs each was again given to the petitioners through the 3rd accused on 11.10.2012 and 14.10.2012 respectively and the cheque issued by the 3rd accused for Rs 5 lakhs was dishonored for insufficiency of funds. Accordi