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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
N.M.ABRAHAM – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the case regarding allegations of fraud. (Para 2 , 3 , 4) |
| 2. petitioner's contention of innocence and civil nature of the dispute. (Para 5 , 6) |
| 3. issues concerning the agreement and prior legal proceedings. (Para 7 , 8) |
| 4. court's reasoning on insufficient evidence for fraud. (Para 9) |
| 5. final ruling allowing the petition to quash proceedings. (Para 10) |
ORDER
The accused in C.C.No.838/2018 on the files of the Judicial First Class Magistrate Court, Ranny, has filed this petition under Section 482 Cr.P.C., to quash the proceedings against him in the aforesaid case.
2. The prosecution case is that the petitioner, vide an agreement executed on 15.11.2010, fraudulently and dishonestly induced the defacto complainant to believe that he would execute a sale deed in respect of the landed property belonging to him and his cousin brother, and received a total amount of Rs.2,55,000/- from the defacto complainant, and thereafter cheated the defacto complainant by not executing the sale deed as agreed, or returning the amount obtained from him. Thus, the petitioner is alleged to have committed the offence under Section 420 of the Indian Penal Code , 1860.
3. The ca
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