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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
BINEESH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
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| 1. allegations of cheating lead to the examination of civil vs. criminal nature. (Para 1 , 2) |
| 2. arguments presented reflect differing views on the nature of the case. (Para 3 , 5) |
| 3. court emphasizes caution in quashing and principles from relevant case law. (Para 6 , 7 , 8) |
| 4. delay in filing calls for scrutiny of quashing applications and determining culpability. (Para 10 , 11) |
| 5. the final decision dismisses the petition and preserves rights for future applications. (Para 12) |
O R D E R Dated this the 24th day of October, 2025 The petitioner is the 2nd accused in C.C.No.79/2019 on the file of the Court of the Judicial First-Class Magistrate – I, Thrissur, which arises out of Crime No.405/2014 registered by the Cherpu Police Station, as against the accused persons for allegedly committing the offence punishable under Section 420 r/w Section 34 of the Indian Penal Code .
2. The crux of the prosecution case, is that, the accused persons, in furtherance of their common intention to cheat the de facto complainant (3rd respondent), had taken away his car and refused to return the same. Thus, the accused have committed the above offence.
3. I have heard the learned Counsel f
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