Full Judgment
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY,THE1T DAY OF JANUARY201411TH POUSHA, 1935 Crl.MC.No. 477 of 2012 () -------------------------- CC2332011 of JUDICIAL FIRST CLASS MAGISTRATE COURT,KUNNAMKULAM PETITIONER(S)/ACCUSED: ------------------------------------------ (*) IBRAHIM S/O.AHAMMED, (PAMPUNGAL HOUSE, EDAKKALATHOOR VILLAGE THRISSUR DISTRICT.) ADDRESS CORRECTED AND SUBSTITUTED PETITIONER'S ADDRESS IS CORRECTED AS: IBRAHIM, S/O.AHAMMED,AYISHA MANZIL, CHAKRAMAKKIL HOUSE, P.O.PUTHIYARA, VATTERI,PIPE LINE ROAD, KOZHIKODE DISTRICT. AS PER ORDER
DATED123/12 IN CRL.MA136912 IN CRL.MC NO.477/12 BY ADV. SRI.P.V.KUNHIKRISHNAN COMPLAINANT(S)/COMPLAINANT : -------------------------------------------------------- (*) 1. VINOD S/O.SANKUNNI, (AYISHA MANZIL, CHAKRAMAKKIL HOUSE P.O.PUTHIYARA, VATTERIPIPE LINE ROAD KOZHIKODE DISTRICT-673 004.) ADDRESS CORRECTED AND SUBSTITUTED1T RESPONDENT'S ADDRESS IS CORRECTED AS: VINOD S/O.SANKUNNI, PAMPUNGAL HOUSE, EDAKKALATHOOR VILLAGE THRISSUR DISTRICT AS PER ORDER
DATED123/12 IN CRL.MA136912 IN CRL.MC477/12 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-31. R2 BY PUBLIC PROSECUTOR BY PUBLIC PROSECUTOR SMT.BINDU GOPINATH THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON0101-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO.477/2012 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE A: A COPY OF THE COMPLAINT IN CC2332011 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT,KUNNAMKULAM. ANNEXURE B: A COPY OF EVIDENCE ADDUCED BY THE1T RESPONDENT UNDER SECTION200CR.PC.DATED199/2009. ANNEXURE C: A COPY OF THE EVIDENCE ADDUCED BYAJITH UNDER SECTION202CR.PC.DATED3110/2009. ANNEXURE D: A COPY OF THE PROCEEDINGS PAPER IN CC2332011 ON THE FILE OF JUDICIAL1T CLASS MAGISTRATE COURT, KUNNAMKULAM. ANNEXURE E: A COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER AND THE1T RESPONDENT DATED1711/2008. ANNEXURE F: A COPY OF THE PLAINT IN OS.1594/2008 ON THE FILE OF SUB COURT, THRISSUR DATED1311/2008. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// A.HARIPRASAD, J.
-------------------------------------- Crl.M.C. No.477 of 2012 -------------------------------------- Dated this the 1st day of January, 2014. ORDER
Petitioner is the accused in C.C.No.233 of 2011 on the file of the Judicial First Class Magistrate Court, Kunnamkulam. Annexure A is the complaint. Gist of allegations against the petitioner is that he entered into an agreement with the complainant for purchase of a land. Thereafter the land was conveyed to the petitioner by virtue of a registered document. At the time of finalisation of the deal an amount of `8,33,400/- was outstanding as balance consideration. Learned counsel for the petitioner submitted that the vendor/complainant had already agreed to sell this property to one Dr.Saifu and there was some dispute between the complainant and Dr.Saifu which was not known to the petitioner at the time of purchase. Having came to know about that dispute, balance amount was retained and that is mentioned in an agreement, which is produced as Annexure E. Annexure F is the copy of the plaint filed by Dr.Saifu against the complainant and his wife claiming compensation for the breach of contract. Learned counsel for the petitioner submitted that in paragraph 2 of the petition, petitioner has specifically stated that the amount of `8,33,400/- is retained by the petitioner as agreed to by the Crl.MC No.477/2012 2 parties in Annexure E for meeting possible future expenses. It is also submitted that immediately the civil suit is settled or disposed of, the petitioner will pay the balance amount found to be due to the complainant as stated in Annexure E. On going through the materials on record, I am satisfied that the dispute predominantly is of a civil nature. The offence of cheating alleged against the petitioner will not lie in a legal sense because breach of an agreement cannot be termed as an offence falling within the definition of cheating under Section 420 of the Indian Penal Code. Therefore, the petition is to be allowed to meet the ends of justice. In the result, petition is allowed. The complaint in C.C.No.233 of 2011 pending before the Judicial First Class Magistrate Court-IV, Kunnamkulam is hereby quashed. All pending interlocutory applications will stand dismissed. A. HARIPRASAD, JUDGE. cks