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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M., J
FAISAN, HAMZA, THASNIM – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations of fraud in partnership arrangements need clear evidence of dishonest intent. (Para 2 , 3) |
| 2. arguments presented by the petitioners contesting the criminality of the charges under ipc. (Para 5 , 6) |
| 3. legal definitions crucial to establish cheating and breach of trust. (Para 10 , 11) |
| 4. absence of dishonest intention leads to quashing of criminal charges. (Para 14 , 15) |
| 5. final ruling favoring the petitioners based on legal grounds. (Para 18) |
O R D E R
Dated this the 20th day of February, 2026 This Crl.M.C. is filed invoking Section 482 of the Cr.P.C.
seeking to quash Annexure A2 Final Report and all further proceedings in C.C.No.486 of 2019 on the files of the Judicial First Class Magistrate, Mannarkkad.
2. Petitioners are accused Nos.1 to 3 in the C.C. and they stand charged under Sections 406 and 420 read with Section 34 of the IPC .
3. The allegation against the petitioners in Annexure A2 Final Report is that during the period 05.03.2017 to 31.03.2018, petitioners 1 to 3 had made the de facto complainant believe that he would be inducted as a partner in the ongoing restaurant business in Malaysia and had realised from him directly as well as through
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