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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
ALEX KOSHY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations of cheating and investment failure. (Para 2 , 6) |
| 2. arguments on management roles and responsibilities. (Para 4 , 5 , 7) |
| 3. judicial restraint and exercise of inherent powers. (Para 8 , 9) |
| 4. dismissal of crl.m.c. and rights reserved for trial. (Para 11 , 12) |
O R D E R
Dated this the 19th day of November, 2025 The petitioner is the 2nd accused in C.C.No.1922/2018 on the file of the Court of the Judicial First Class Magistrate, Thiruvalla (for short, ‘Trial Court’) which has been arisen from Crime No.2159/2016 registered by the Thiruvalla Police Station, alleging the commission of offences punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code .
2. The prosecution allegation, in essence, is that;
the accused persons, in furtherance of their common intention to cheat the defacto complainant (3rd respondent) had received Rs.8,80,000/- for investment purposes. However, the accused persons failed to give her any returns and refused to return the capital. 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 petitione
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