IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
TONY CYRIAC M – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petition under section 482 seeks to quash criminal proceedings. (Para 1 , 2) |
| 2. defendants claim payments made; prosecution asserts sufficient basis. (Para 3 , 4) |
| 3. court maintains proceedings due to sufficient allegations. (Para 5) |
O R D E R
The accused No.1 to 3 in C.C.No.696/2018 on the files of the Judicial First Class Magistrate Court-IV, Perumbavoor, have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.PC’), to quash the proceedings against them in the aforesaid case. The allegation against the petitioners is that they committed the offence under Sections 406 & 420 read with Section 34 of the Indian Penal Code, 1860 (in short, ‘ IPC ').
2. The prosecution case is that the petitioners, who were conducting a partnership firm under the name and style ‘Chaithanya Enterprises’, received deposits from the de facto complainant/third respondent from 27.12.2012 to 01.07.2013 promising to pay back the aforesaid amount with a high returns of interests, and thereafter cheated the de facto complainant by not giving back the amount as agreed. It is alleged that the petitioners defrauded the de facto complainant a total amount o
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