Dishonest intention must be clear to establish offences under Sections 406 and 420 IPC; absence of intention permits quashing of FIR.

O R D E R

This Crl.M.C has been filed by the sole accused in Crime No.1809 of 2017 of Puthencruze Police Station, registered for offences punishable under Sections 406 and 420 of Indian Penal Code , for quashing Annexure-A, F.I.R.

2. The defacto complainant/3rd respondent remained absent in-spite-of service of notice. The learned counsel for the petitioner relied upon Annexure-B consent letter issued by the 3rd respondent to show that some amount has been given by the 3rd respondent to the petitioner, and it was received back to meet his own expenses. Annexure-B further shows that an amount of Rs.15,000/- (Rupees fifteen thousand only) was given to the petitioner for his work, agreeing to repay the same, and it is yet to be repaid and except that amount, all other amounts paid to him was returned. In order to attract an offence punishable under Section 420 IPC , the accused should have a dishonest intention from the outset. The case of the 3rd respondent is that offering chance in cinema, albums and Gulf shows, the petitioner received an amount of Rs.2,50,000/- (Rupees Two lakhs fifty thousand only) from him. In the F.I. Statement, the defacto complainant was admitting that he was given a character role in an album “Ezhambalam”. So also, nothing is there to attract an offence under Section 406 and 420 . If any amount is due from the petitioner, the remedy of the

3rd respondent, lies in a civil court.

3. The learned Public Prosecutor submitted that the petitioner had given a cheque to the 3rd respondent, towards repayment of the amount due from him, and that also will support the case of the petitioner that offences under Section 420 and 406 IPC are not attracted. In-spite-of receipt of notice from this Court, the 3rd respondent did not turn up, to challenge Annexure-B consent letter produced by the petitioner.

Considering all these facts and circumstances, the Crl.M.C is allowed. The entire proceedings as against the petitioner in Crime No.1809 of 2017 of Puthencruze Police Station stand quashed under Section 482 Cr.P.C. The petitioner is discharged and set at liberty.

Sd/-

SOPHY THOMAS, JUDGE

Dxy

APPENDIX OF CRL.MC 734/2018 PETITIONER ANNEXURE ANNEXURE A FIRST INFORMATION REPORT ALONG WITH THE FI STATEMENT IN CRIME NO.1809/2017 OF PUTHENCRUZ POLICE STATION , ERNAKULAM RURAL DISTRICT.

ANNEXURE B THE CONSENT LETTER WRITTEN BY THE 3RD RESPONDENT/DEFACTO COMPLAINANT IN A STAMP PAPER ON 14.12.2011.

ANNEXURE C TRUE COPY OF THE ORDER DATED 24.10.2017 IN C.M.P.1553/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERI.