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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SABU JOHNY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations concerning cheating and deception in vehicle sale. (Para 2 , 3) |
| 2. contentions regarding the validity of the complaint and counterarguments. (Para 4 , 5) |
| 3. criteria for establishing cheating and the rationale for quashing. (Para 8 , 13) |
| 4. judicial observations on preventing misuse of criminal law. (Para 10 , 12) |
ORDER
The petitioners are the accused in C.C.No.2699/2018 on the file of the Court of the Judicial First-Class Magistrate-VIII, Ernakulam (for short, ‘Trial Court’), which is registered based on a private complaint filed by the 2nd respondent.
2. The 2nd respondent’s case, to put it pithily, in Annexure A14 complaint is as follows:
The 4th petitioner Company is an authorised distributor of premium cars. The petitioners 1 and 2 are the directors and the 3rd respondent is an employee of the 4th petitioner Company. On 17.02.2014, the 2nd respondent had purchased a Porsche Cayenne car from the petitioners for Rs. 1,32,82,400/-, who assured to get the car registered and pay for the insurance. The petitioners received Rs. 21,25,184/- from the 2nd respondent towards road tax and registration charges. However, the petitioners misappropriated the amount, by
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