Allowed

Sanjeev Kumar K.P. v. State of Kerala

Kerala HC4 Dec 2018Crl.MC/7183/2014

Case brief

AI extract

What is this about?

Petitioner accused of cheating under Section 420 IPC sought quashing of criminal proceedings arguing the dispute was civil. The High Court held the non-repayment of the loan was a civil matter and allowed the petition quashing the case. The court rejected the defence that a side promise regarding future employment converted the matter into cheating.

What did the court decide?

Criminal Misc. Case allowed; proceedings in C.C No.692/2015 of Judicial Magistrate of First Class, Kunnamangalam quashed.

Sanjeev Kumar K.P. Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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TUESDAY ,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940

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Crl.MC.No. 7183 of 2014

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CRIME NO. 697/2013 OF Medical College Police Station , Kozhikode

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PETITIONER:

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SANJEEV KUMAR K.P. AGED 41 YEARS, S/O.LATE ASHOK KUMAR, SONA HOUSE, RESIDING AT KARTHIKA, PALLIKUNNU P.O., KANNUR.

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BY ADV. SRI.P.M.HABEEB

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RESPONDENTS:

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1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. (SHO, MEDICAL COLLEGE POLICE STATION).

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2 RAJAN S/O.AYYAPPANKUTTY, CHOIACHERI, RAJESH BHAVAN,KADALUNDI, KOZHIKODE - 673 302.

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BY ADVS. SRI.M.VIVEK RABINDRANATH SRI.V.T.MADHAVANUNNI SRI. RAMESH CHAND PP

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 7183 of 2014 2

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O R D E R

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Petitioner is the accused in C.C No.692/2015 on

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file of Judicial Magistrate of First Class, Kunnamangalam, which arose from Crime No.697/2013 of Medical College Police Station, Kozhikode. He is

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alleged to have committed the offence under Section 420 IPC. The 2^nd respondent is the victim. According to him, he lent Rs.5,00,000/- (Rupees Five lakh

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only) to the petitioner on 31.03.2010 and as a security for the repayment of the loan the

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petitioner handed over to the 2^nd respondent three cheque leaves and a receipt, inspite of demand, the petitioner did not repay the amount, thus he cheated the 2^nd respondent. The proceedings are sought to be passed on the ground that, dispute is purely of a

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civil nature.

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Heard the learned Counsel for the petitioner and the 2^nd respondent and the learned Public

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Prosecutor.

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Going by the prosecution case the petitioner

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borrowed Rs.5,00,000/- (Rupees Five lakh only) from

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Crl.MC.No. 7183 of 2014 3

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the 2^nd respondent giving three cheque leaves and a

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receipt as security. But he did not repay the amount. This discloses that the dispute is purely of civil nature.

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The learned counsel for the 2^nd respondent

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has brought to my notice the averment in Annexure-A FI statement that the petitioner had promised to appoint the 2^nd respondent as a photographer of a

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news paper which the petitioner proposed to publish

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in future. This was not the consideration for payment of the loan. The loan transaction was entirely different. So this cannot be a ground to argue that there was a cheating.

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In the result, this Crl.M.C is allowed. The proceedings in C.C No.692/2015 of Judicial

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Magistrate of First Class, Kunnamanglam are quashed.

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Sd/K.ABRAHAM MATHEW

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JUDGE

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JS/04.12

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Crl.MC.No. 7183 of 2014 4

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APPENDIX

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PETITIONER'S ANNEXURE:

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ANNEXURE-A: PHOTOCOPY OF FIR IN CRIME NO.697/13 MEDICAL COLLEGE POLICE STATION.

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RESPONDENT'S ANNEXURE:NIL

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//TRUE COPY// JS/04.12 PA TO JUDGE

Sanjeev Kumar K.P. v. State of Kerala

Case brief

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Sanjeev Kumar K.P. v. State of Kerala

Case brief

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