In a criminal miscellaneous petition challenging conviction under Sections 420 and 406 IPC, the Court held that a subsequent repayment agreement does not discharge criminal liability. The petition dismissed as no other reason existed to exercise inherent power.
The criminal miscellaneous petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942
Crl.MC.No.1395 OF 2014
AGAINST THE ORDER/JUDGMENT IN CC 5104/2012 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA
CRIME NO.700/2012 OF VARANDARAPPALLY POLICE STATION, THRISSUR
PETITIONER:
BALAN KANIMAGALATH
S/O.APPU, 'KRISHNAKRIPA', VILANGANKUNNU DESOM, PUZHAKKAL VILLAGE, THRISSUR TALUK
BY ADVS. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU SMT.A.SIMI
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,PIN 682 031, REPRESENTING THE S.I OF POLICE, VARANTHARAPPILLY POLICE STATION, THRISSUR
2 SAJEEVAN, S/O.CHANDRAN, PUILLARIKKA VEETTIL, MUPLIYAM DESOM, MUPLIYAM VILLAGE, MUKUNDAPURAM TALUK
R1-2 BY ADV. SRI.RAJESH CHAKYAT
PUBLIC PROSECUTOR.SRI.M.R.DHANIL
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.1395 OF 2014 2
ORDER
The accused induced the defacto complainant to hand over an amount of Rs.5,49,000/- under the guise of a false offer that he will be provided with shares in a non est company, for which the crime was registered under Section 406 and 420 IPC. Subsequently, an agreement was entered into for its re-payment. But that will not discharge the accused from the criminal liability. No other reason is advanced so as to exercise the inherent power. Crl.M.C. hence fails, dismissed.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.1395 OF 2014 3
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE P1 ANNEXURE A1 COPY OF THE PLAINT IN OS NO.457/2011 DATED 2/8/2011 FILED AND PENDING BEFORE THE LEARNED SUB COURT, IRINJALAKUDA ANNEXURE P2 ANNEXURE A2 COPY OF THE WRITTEN STATEMENT DATED 14/6/2012 ANNEXURE P3 ANNEXURE A3 COPY OF THE FIR NO.876/2011 DATED 8/12/2011 OF VARANTHARAPPILLY POLICE STATION, THRISSUR ANNEXURE P4 ANNEXURE A4 COPY OF THE FINAL REPORT BEARING CHARGE SHEET NO. 700/2012 DATED 31/7/2012 IN FIR NO. 876/2011 OF VARANTHARAPILLY POLICE STATION, THRISSUR
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether entering a repayment agreement discharges criminal liability for cheating and criminal breach of trust.
1 provisions across 1 enactments
BALAN KANIMAGALATH
STATE OF KERALA
SAJEEVAN
P.SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
