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2025 Supreme(Online)(Ker) 46220

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
BIJU BALAKRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.V.SREEJITH, SMT.G.MAHESWARY
For the Respondents: SMT.L.JYOTHY KUMARI, SHRI.A.JANI(KOLLAM), SHRI.G.SIVASANKAR, SMT.N.RAJI, SRI.S.SREEKUMAR (SR.), SRI.RENJITH GEORGE, SR.PUBLIC PROSECUTOR

Table of Content
1. accused filed petition to quash proceedings under ipc. (Para 2)
2. contention that the transaction is of civil nature. (Para 3 , 4)
3. court finds intent to deceive in securing financing. (Para 6 , 7)

ORDER

Accused Nos.1 and 2 in C.C No.811/2019 on the files of the Judicial First Class Magistrate Court-III, Neyyattinkara have filed this petition under section 482 Cr.P.C to quash the proceedings against them in the said case. The offences alleged are under Sections 406 and 420 read with Section 34 I.P.C.

2. The prosecution case is summarised as follows:

The petitioners fraudulently and dishonestly induced the second respondent/de facto complainant to believe that if he financed the business of transportation of sand, rocks, boulders etc. from Thoothukkudy to Chennai, he would be provided with the profit share of Rs.1.5 Lakhs per month. Believing the above assurance of the petitioners, the second respondent/de facto complainant joined the business of the accused and advanced a total amount of Rs.79,63,000/- for that business. However, the petitioners did not honour their assurance to provide profit share as agreed. That apart, it was found that the landed property in t

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