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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
ANTONY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of accusations and foundational facts. (Para 1 , 2 , 3) |
| 2. arguments regarding the nature of the dispute. (Para 4 , 6) |
| 3. court’s examination of intent and contract integrity. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
ORDER
The petitioners are the accused Nos. 1 to 3 in CC No.4292/2014 on the file of the Court of the Judicial Magistrate of First Class, Irinjalakkuda (‘trial court’), which in turn has originated from Crime No.262/2014 registered by the Pudukkad Police Station, alleging the commission of offences punishable under Sections 415 , 417 and 420 r/w Section 34 of the Indian Penal Code , which in turn is registered on the basis of Annexure A1 private complaint filed by the 2nd respondent.
2. The petitioners have filed the Criminal Miscellaneous Case to quash the above proceedings on the assertion that the dispute between the petitioners and the 2nd respondent is purely civil in nature.
3. The case of the 2nd respondent in Annexure A1 complaint and the prosecution case in Annexure A3 final report, in brief, is as follows:
The 2nd respondent and petitioners 1 and 2 are friends and are doing real estate business. In connection with a real estate transaction,
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