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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
ANILKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. initiation of chitty and non-payment of the prize amount. (Para 1 , 2) |
| 2. petitioner disputes applicability of charges against him. (Para 4 , 5) |
| 3. court’s authority to quash based on evaluation of prima facie evidence. (Para 6 , 7 , 8 , 9) |
ORDER
The petitioner is the 4th accused in C.C.No.744/2017 on the file of the Court of the Judicial First Class Magistrate-II, Thiruvananthapuram, which arises out of Crime No.1515/2015, registered by the Fort Police Station, Thiruvananthapuram, against the accused persons for allegedly committing the offences punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code (‘IPC’ in short).
2. The essence of the prosecution case is that, the accused 1 and 2, the Managing Director and Director of Kalpetta Jankshema Maruthi Chits Pvt. Ltd., Kalpetta, along with the 3rd accused, the Branch Manager of the said company, had induced the defacto complainant to join a chitty conducted by the company for a total sala of Rs.10/- lakh and made him pay the first subscription on 19.03.2012. Even after the completion of the chitty, the accused did not pay the prized amount. Subsequently, the accused 2 to 4, as per the instruc
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