O R D E R

The petitioner is the accused in C.C.No.804/2024 on the file of the Court of Judicial First Class Magistrate-I, Attingal, which arises out of Crime No.1052/2024 registered by the Attingal Police Station, Thiruvananthapuram, allegedly committing the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860 .

2. The gist of the prosecution case is that the petitioner, who is running a loan consultancy business, with an intention to cheat the de facto complainant (3^rd respondent), promised to clear the chitti transactions with Kerala State Financial Enterprises at Attingal Branch and deceived Rs.8,81,000/- from the 3^rd respondent. However, the petitioner did not clear the chitti arrears and refused to return the said amount. Thus, the accused have committed the above offences.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner submits that, even if the allegations in Annexure-A1 FIR and Annexure-A2 final report are taken on face value, the same will not constitute the offences under Sections 406 and 420 of the IPC . There is no material to substantiate that the de facto compl