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2024 Supreme(Online)(KER) 25163

HIGH COURT OF KERALA
EAPEN K.KURIAN – Appellant
Versus
STATE OF KERALA – Respondent


O R D E R

This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No.1178/2015 on the file of the Judicial First Class Magistrate Court – III, Kottayam.

2. The above case is charge sheeted alleging offence punishable under Section 420 IPC. The allegation against the accused in the above case is that the accused who run the Chitty company by name ‘Think Big Financial Solutions Private Limited’ in which CW1 joined a chitty with sala of 25 lakhs and paid six instatlments and CW2 subscribed the chitty with sala of Rs. 10 lakhs and paid five instalments and they did not auction the chitty as promised. But the accused stopped the chitty and did not returned the amount paid and thereby cheated the Charge Witnesses. Annexure – I is the final report which is now pending as C.C. No.1178/2015 before the Judicial First Class Magistrate Court – III, Kottayam. The said crime was registered on a complaint given by the 3rd respondent before the Kerala Human Rights Commission which was forwarded to the 2nd respondent for taking action and accordingly Annexure – II FIR was registered. Annexure – III is the statement of respondent No.4. According to the petitioner, even if the entir

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