CRL.MC No.1194 of 2013 (K. Raveendrans; C.N. Prebhakaran; Asokan v. State of Kerala & others)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **MONDAY, THE 4[TH] DAY OF SEPTEMBER 2023 / 13TH BHADRA, 1945** **CRL.MC NO. 1194 OF 2013** ## **AGAINST THE ORDER/JUDGMENT CC 1352/2010 OF JUDICIAL MAGISTRATE OF** **FIRST CLASS ,AMBALAPUZHA** ## **PETITIONERS/ACCUSED:** 1 K.RAVEENDRANS/O.KRISHNAN, KATTUMKAL HOUSE, VANDANAM P.O., ALAPPUZHA. 2 C.N.PREBHAKARANS/O.NANU, PREM NIVAS, VANDANAM P.O., ALAPPUZHA. 3 ASOKANS/O.ANIRUDHAN, THOPPIL HOUSE, VANDANAM P.O., ALAPPUZHA. BY ADVS. SRI.P.K.RAVISANKAR SMT.S.ANJUSHA ## **RESPONDENTS/RESPONDENTS:** 1 STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2 SURAN, S/O.NANU, S.M.VILASAM, ARAVUKADY VELI, WARD NO.3 OF PUNNRA SOUTH GRAMA PANCHAYATH, PUNNAPRA P.O., ALAPPUZHA. 3 SIVADAS, S/O.MATHU, JAYASREE BHAVAN, VETTAYAL WARD , ALAPPUZHA-688 001. 4 SURENDRA BABU, S/O.SURAN S.M. VILASAM, ARVUKAD VELI, WARD NO.3, PUNNAPARA SOUTH GRAMA PANCHAYATH, PUNNAPRA P.O., ALAPPUZHA. 5 REMA, W/O.VISWAN, PUTHENPARAMBIL HOUSE, VANDANAM, WARD NO.17, AMBALAPPUZHA NORTH GRAMA PANCHAYATH, VANDANAM P.O., ALAPPUZHA-688 005. 6 KOUSALYA, W/O.GANGADHARAN, CHENGANAD HOUSE, VANDANAM, WARD NO.5,AMBALAPPUZHA NORTH GRAMA PANCHAYATH, VANDANAM P.O., ALAPPUZHA-688 005. CRL.MC No.1194 of 2013 2 - 7 KUSUMAVALLI, W/O.PURUSHAN, CHENGANAD HOUSE, VANDANAM, WARD NO.5,AMBALAPPUZHA NORTH GRAMA PANCHAYATH, VANDANAM P.O., ALAPPUZHA-688 005. - 8 JAYAPRAKASH, THAZHECHAYIL HOUSE, PARVOOR P.O., PUNNAPRA NORTH GRAMA PANCHAYATH, ALAPPUZHA DISTIRCT-688 003. - 9 KANNAN, S/O.BABUKUTTAN, KARTHIKA NIVAS, VETTAYAL WARD, ALAPPUZHA. - 10 DEEPAPRASAD, S/O.DASAN, CHENGANAD HOUSE, VANDANAM P.O., ALAPPUZHA-688 005. - 11 OMANA, W/O.DASAN, PUTHENPARAMBIL HOSUE, VANDANAM P.O., ALAPPUZHA-688 005. - 12 GOPIDAS, S/O.KUMARAN, MUTTARTHUSSERI HOSUE, MITRAKARI P.O., MUTTAR, KUTTANAD TALUK, ALAPPUZHA DISTRICT. - 13 K.R.RETHNAMMA , W/O.ANILAN, RETHNASREE HOUSE, PARVOOR P.O., PUNNAPARA NORTH GRAMA PANCHYATH, ALAPPUZHA DISTRICT. - 14 BABUKUTTAN, S/O.KUNJUPANHCIKAN, KARTHIKA NIVAS, VETTAYAL WARD, ALAPPUZHA-688 001. - 15 PRAMEELA, W/O.BABUKUTTAN, THAZHACHAYIL HOUSE, PARVOOR P.O., WARD NO.13 OF PUNNAPARA NORTH GRAMA PANCHYATH, ALAPPUZHA DISTRICT. - 16 RAJAN, S/O.KUNJUNNI, THEKKEMADHAM, PARVOOR P.O., WARD NO.7OF PUNNAPARA NORTH GRAMA PANCHYATH, ALAPPUZHA DISTRICT. - 17 VIJAYAMMA, W/O.APPU, VAKKAYIL HOUSE, VANDANAM P.O.,WARD NO.4 PUNNAPARA NORTH GRAMA PANCHYATH, ALAPPUZHA DISTRICT. BY ADVS. - SRI.G.PRIYADARSAN THAMPI - SRI.G.PRIYADARSAN THAMPI ## **OTHER PRESENT:** VIPIN NARAYANAN, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC No.1194 of 2013 3 ## **P.V.KUNHIKRISHNAN** **- - - - - - - - - - - - - - - - - - - - -** CRL.MC No.1194 of 2013 **- - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 4[th] day of September, 2023 ## **ORDER** The petitioners are the accused in C.C.No.1352/2010 on the files of the Judicial First Class Magistrate Court, Ambalappuzha. It relates to the monetary claims of respondent Nos.2 to 17, who are charge witnesses nos. 1 to 16 in Annexure A final report against S.N.D.P Branch No.245, Vandanam – Neerkunnam, Ambalappuzha. It is the case of the petitioners that civil suits filed by them in the matter was settled in the Adalat constituted by the District Legal Service Authority, Alappuzha giving up their claim for casting personal liability for it on petitioners. The petitioners relying Annexure C to H. Hence, this Crl.MC is filed to quash the proceedings. 2. Heard the counsel for the petitioners and the learned Public Prosecutor. 3. This Court perused Annexure A final report. The main allegation in Annexure A1 final report is extracted hereunder:- “ പ�ത�കൾ അമ�ത�ല�ശ വ�ഗ� ദ�ന� ച�യ� ത� ച��ത�ജനങള�ൽ CRL.MC No.1194 of 2013 4 ന�ന�� �ണ� ന�ക��മ�യ� സ !കര�ച�� ന�ക��ത�കയ�� �ല�ശയ�� മടക� ചക�ട�ക�ചത വ�ശ �സവഞന ക�ട� മറ�കണചമന�ള ഉക,ശകത�ട�� കര�തകല�ട��ക-ട� 1 മ�തൽ 3 വചര പ�ത�കൾ ഭ�രവ�ഹ�ത � വഹ�ക�ന വണ�ന� ന!ർക�ന� SNDP BR.NO.245 ൻ്�ചറ ക!ഴ�ല�ള പശ! ന�ര�യണ പടസ�ൽ വ�വ�ധ ത!യത�കള�ല�യ� 1-)o സ���യ�ൽ ന�ന�� 2,00,000/- ര-�യ�� 2-)o സ���യ�ൽ ന�ന�� 1,00,000/ര-�യ�� 3-)o സ���യ�ൽ ന�ന�� 69,000/- ര-�യ�� 4-)o സ���യ�ൽ ന�ന�� 2,65,000/- ര-�യ�� 5-)o സ���യ�ൽ ന�ന�� 20,500/- ര-�യ�� 6-)o സ���യ�ൽ ന�ന�� 50,000/ര-�യ�� 7-)o സ���യ�ൽ ന�ന�� 1,25,000/- ര-�യ�� 8-)o സ���യ�ൽ ന�ന�� 2,50,000/- ര-�യ�� 9-)o സ���യ�ൽ ന�ന�� 70,000/ര-�യ�� 10-)o സ���യ�ൽ ന�ന�� 13,000/ര-�യ�� 11-)o സ���യ�ൽ ന�ന�� 50,000/ര-�യ�� 12-)o സ���യ�ൽ ന�ന�� 3,50,000/- ര-�യ�� 13-)o സ���യ�ൽ ന�ന�� രണ� ക�ര�കള�ൽ 3,50, 000/- ര-�യ�� 14-)o സ���യ�ൽ ന�ന�� 2 അക7ണ�കള�ല�യ� 4,00,000/ര-�യ�� 15-)o സ���യ�ൽ ന�ന�� 1,00,000/- ര-�യ�� 16-)o സ���യ�ൽ ന�ന�� 70,000/ര-�യ�� പ�ത�കൾ ന�ക��മ�യ� സ !കര�ച�� ട� ന�ക��ത�കയ�� വ�ഗ� ദ�ന� ച�യ9 �ല�ശയ�� പ�ത�കൾ മടക� ചക�ട�ക�ചത �ത�ച�� വ�ശ �സവഞന ച�യ� ത� പ�ത�കൾ ക:ത;ത�ന� �രസ=ര� ഉത� സ�ഹ�കള�� സഹ�യ�കള�മ�യ� പ�വർത�ച�� കമൽ വക�പ�കൾ .” പ�ക�രമ�ള ക�റ� ച�യ9�ര�ക�ന� എന�ളത�ണ� CRL.MC No.1194 of 2013 5 A perusal of the above allegation would show that it is pure monetary dispute and the ingredients of the offence under Section 420 IPC is not made out. 4. To attract an offence under Section 420 IPC, certain basic ingredients are necessary. The Apex Court in **Peethambaran v. State of Kerala [2023 (3) KLT 493]** considered the ingredients of Section 420 IPC in detail. It will be better to extract the relevant portion of the above judgment: “24. The offence alleged in the FIR is Section 420IPC which is a serious form of cheating include inducement in terms of delivery of property and/or valuable securities. The ingredients that must be met in order to constitute an offence under the section have been noted by this Court in Vijay Kumar Ghai and Ors. v. State of West Bengal and Ors.13 by a bench of two judges (consisting one of us, Krishna Murari, J.: 35.To establish the offence of cheating in inducing the delivery of property, the following ingredients need to be proved: - (i) The representation made by the person was false. - (ii) The accused had prior knowledge that the representation he made was false. - (iii) The accused made false representation with dishonest intention in order to deceive the person to whom it was made. - (iv) The act where the accused induced the person to deliver the property or to perform or to abstain from any act which the person would have not done or had otherwise committed. CRL.MC No.1194 of 2013 6 36. As observed and held by this Court in R.K. Vijayasarathy v. Sudha Seetharam [R.K. Vijayasarathy V. Sudha Seetharam, (2019) 16 SCC 739 : (2020) 2 SCC (Cri) 454] , the ingredients to constitute an offence under Section 420 are as follows: - (i) a person must commit the offence of cheating under Section 415; and - (ii) the person cheated must be dishonestly induced to: - (a) deliver property to any person; or - (b) make, alter or destroy valuable security or anything signed or sealed and capable of being converted into valuable security. Thus, cheating is an essential ingredient for an act to constitute an offence under Section 420IPC.” 5. Similarly in **Deepak Gaba v. State of Uttar Pradesh** **[2023 (1) KLJ 795]** the Apex Court again considered the evidence necessary to attract the offence under Section 420 IPC. It will be beneficial to extract the relevant portion of that judgment: “16. In order to apply S.420 of the IPC, namely cheating and dishonestly inducing delivery of property, the ingredients of S.415 of the IPC have to be satisfied. To constitute an offence of cheating under S.415 of the IPC, a person should be induced, either fraudulently or dishonestly, to deliver any property to any person, or consent that any person shall retain any property. The second class of acts set forth in the section is the intentional inducement of doing or omitting to do anything which the person deceived would not do or omit to do, if she were not so deceived. Thus, the sine qua non of S.415 of the IPC is “fraudulence”, “dishonesty”, or “intentional inducement”, and the absence of these CRL.MC No.1194 of 2013 7 elements would debase the offence of cheating (Iridium India Telecom Limited v. Motorola Incorporated and Others, AIR 2011 SC 20.). Explaining the contours, this Court in Mohd. Ibrahim and Another v. State of Bihar and Others (2009 (8) SCC 751. This Court, in this case, has cautioned that the ratio should not be misunderstood, to record the clarification, which in the present case, in our opinion, is not of any avail and help to respondent no.2 - complainant. We respectfully concur with the clarification as well as the ratio explaining S.415, S.464 etc. of the IPC.), observed that for the offence of cheating, there should not only be cheating, but as a consequence of such cheating, the accused should also have dishonestly adduced the person deceived to deliver any property to a person; or to make, alter, or destroy, wholly or in part, a valuable security, or anything signed or sealed and which is capable of being converted into a valuable security.” 6. In the light of the above dictum laid down by the apex court, I am of the considered opinion that the continuation of Annexure A proceedings against the petitioners will be an abuse of process of court. Even if the entire allegations in Annxure A are accepted, no offence under Sections 406 and 420 IPC is made out. 7. Therefore, this Crl.MC is allowed. All further proceedings against the petitioners in C.C.No.1352/2010 on the files of the Judicial First Class Magistrate Court, Ambalappuzha arising from CRL.MC No.1194 of 2013 8 Crime No.321/2007 of Punnapra Police Station are quashed. Sd/- **P.V.KUNHIKRISHNAN JUDGE** bng CRL.MC No.1194 of 2013 9 ## **APPENDIX OF CRL.MC 1194/2013** |PETITIONER ANNEXURES|| |---|---| |ANNEXURE-A|CERTIFIED COPY OF THE FINAL REPORT DATED| ||30/7/2008 IN CC NO.1352/2010 ON THE FILE OF| ||THE JFCM, AMBALAPPUZHA.| |ANNEXURE-B|TURE PHOTO COPY OF THE JUDGMENT DATED| ||27/7/2012 IN WPC N.16833/2012.| |ANNEXURE-C|TURE PHOTO COPY OF THE AWARD DATED 8/4/2008| ||OF THE LOK ADALAT, ALAPPUZHA IN OS| ||NO.371/2007 FILED BY THE 2ND RESPONDENT| |ANNEXURE-D|TURE PHOTO COPY OF THE AWARD DATED| ||16/09/2008OF THE LOK ADALAT, ALAPPUZHA IN OS| ||NO.818/2007FILED BY THE 4TH RESPONDENT| |ANNEXURE-E|TURE PHOTO COPY OF THE AWARD DATED 1/7/2008| ||OF THE LOK ADALAT, ALAPPUZHA IN OS| ||NO.847/2007 FILED BY THE 6TH RESPONDENT| |ANNEXURE-F|TURE PHOTO COPY OF THE AWARD DATED| ||25/11/2008OF THE LOK ADALAT, ALAPPUZHA IN OS| ||NO.795/2007FILED BY THE 7TH RESPONDENT| |ANNEXURE-G|TURE PHOTO COPY OF THE AWARD SIGNED DATED| ||8/4/2002 OF THE LOK ADALAT, ALAPPUZHA IN OS| ||NO.414/2007FILED BY THE 10TH RESPONDENT| |ANNEXURE-H|TURE PHOTO COPY OF THE AWARD DATED 24/8/2008| ||OF THE LOK ADALAT, ALAPPUZHA IN PLD| ||NO.180/008 FILED BY THE 14TH RESPONDENT| |ANNEXURE-I|TURE PHOTO COPY OF THE JUDGMENT DATED| ||16/10/2012 IN RFA NO.105/2012.|