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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ALEXANDER BALAS – Appellant
Versus
STATION HOUSE OFFICER – Respondent
| Table of Content |
|---|
| 1. allegations of cheating constitute offences. (Para 1 , 2 , 6) |
| 2. arguments presented regarding the nature of the allegations. (Para 4 , 5) |
| 3. cautions regarding the use of inherent powers. (Para 7 , 8 , 9) |
| 4. final decision on dismissal of the m.c. (Para 10) |
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 (3rd respondent), promised to clear the chitti transactions with Kerala State Financial Enterprises at Attingal Branch and deceived Rs.8,81,000/- from the 3rd 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.
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