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2022 Supreme(Online)(KER) 50707

RAJEEV V.G – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No.746/2021 of Chengannur Police Station, alleging commission of offence under Section 420 of the Indian Penal Code. The crime was registered on the basis of an order of the Judicial Magistrate referring a complaint filed by the de facto complainant for investigation under Section 156(3) of Cr.P.C.

3. The allegation against the petitioner is that after accepting money from the de facto complainant for construction of a residential building, the petitioner did not complete the construction of the building as promised and thereby committed the offence alleged against him. 4. The learned counsel for the petitioner submits that even assuming that the entire allegations of the de facto complainant are true, the matter is purely a civil dispute. It is also pointed out with reference to Annexure-2 that the de facto complainant has already filed a civil suit before the Munsiff Court, Chengannur, which is now pending as O.S.No.201/2021 on the file of that Court. The said suit is stated to be a suit for realisation of money. It is submitted that filing of the complaint before the Magistrate Court

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