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2018 Supreme(Online)(KER) 31560

HIGH COURT OF KERALA
K.ABRAHAM MATHEW, J
AJITH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.MANU RAMACHANDRAN, SRI AJITH MURALI, SRI.S.SREEDEV

ORDER

Petition filed under Section 482 Cr.P.C.

2. Petitioner is the 2nd accused in C.C No.529 of 2006 on the file of the JFCM Court-I, Alappuzha. He along with the co-accused allegedly committed the offence under Section 420 IPC . The prosecution case is this: The petitioner promised to get the second respondent a job in Merchant Navy if he paid Rs.1,25,000/-. One day the petitioner asked the second respondent to meet him in Mumbai. He was told that the job was ready. When he went to Mumbai he had lost his passport. So he came back to Kerala and took a new passport. The petitioner again and again promised that the second respondent would be given a job. But the petitioner could not secure him a job. Thus he has cheated the second respondent. The proceedings are sought to be quashed on the ground that the facts of the case do not disclose any offence so far as the petitioner is concerned.

3. Heard the learned counsel for the petitioner and the second respondent and the learned Public Prosecutor.

4. The materials relied on by the prosecution show that the second respondent paid the petitioner at least Rs.75,000/- by way of a demand draft. The remaining amount of Rs.50,000/- was allege

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