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2012 Supreme(Online)(KER) 23837

HIGH COURT OF KERALA
V.K.MOHANAN, J
C.K.VIJAYAKUMAR – Appellant
Versus
T.V.BABU – Respondent


Advocates:
ADV. SRI.K.SHRIHARI RAO, ADV. SMT.LALIZA T.Y., ADV. SRI.K.P.SUDHEER

O R D E R

The above leave petition is preferred at the instance of the complainant in a private complaint seeking leave of this Court to file an appeal against the judgment dated 24.1.2000 in C.C.No.286 of 1998 of the court of Judicial First Class Magistrate-Payyoli, by which the learned Magistrate acquitted the accused under section 248(1) of Cr.P.C. who faced the prosecution for the offence punishable under section 420 of IPC .

2. Heard Sri.K.Shrihari Rao, learned counsel for the petitioner and I have perused the judgment which sought to be impugned.

3. The case of the complainant is that, during 1990-

91 as the complainant was unemployed, who is having driving licence for driving heavy vehicles, was seeking a job and thus during the first week of January 1992, the 2nd accused contacted him with another person named, Ravi and offered to arrange a visa, and the second accused introduced the said Ravi as the man of the sponsor and made the complainant believe that they would arrange visa for the complainant. According to the complainant, the 2nd accused directed the complainant to entrust his passport, driving licence and four copies of photographs with one Babu and also informed the

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