Dismissed

Joseph M.George, v. State of Kerala

Kerala HC22 Sept 2022Crl.MC/3563/2019

Case brief

AI extract

What is this about?

This is a criminal miscellaneous petition for quashing criminal proceedings underSections 406 and 420 IPC. The petitioner claimed the dispute was civil, but the High Court held that dishonest intention is for the trial court to determine and dismissed the petition, directing the petitioner to seek discharge first not been heard yet. . The Court declined to quash sections without an initial dischar

What did the court decide?

The criminal miscellaneous petition was dismissed; the Court is not entertained the petition and closed it without prejudice to the petitioner's right to seek discharge in the trial court.

Joseph M.George, Vs State of Kerala — Cheating and Forgery | Kerala HC (2022)

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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 ZIYAD RAHMAN A.A.

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THURSDAY, THE 22ND DAY OF SEPTEMBER 2022 / 31ST BHADRA, 1944

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CRL.MC NO. 3563 OF 2019

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CRIME NO.622/2018 OF Alakode Police Station, Kannur
CC 178/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,TALIPARAMBA

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PETITIONER/ACCUSED:

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JOSEPH M.GEORGE,
AGED 46 YEARS, S/O GEORGE
RESIDING AT MADATHIL PARAMBA HOUSE, KUNNUMKAI,
WEST ELERI P.O., BHEEMANADI, KASARAGOD DISTRICT.

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BY ADVS.
SURESH KUMAR KODOTH
SRI.K.P.ANTONY BINU

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RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2THOMAS MAANI KALAPPURAYIL,
S/O. MAANI, AGED 50 YEARS,
RESIDING AT KALAPPURAKKAL HOUSE, OTTATHAI,
VELLAM AMSAM, ALACODE, KANNUR DISTRICT-670571.

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BY ADVS.
ADV.NANDAGOPAL S.KURUP
ADDL.DIRECTOR GENERAL OF PROSECUTION
ADV.VIPIN NARAYAN – PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.09.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 3563 OF 2019

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2

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ORDER

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The petitioner is the accused in C.C. No.178/2019 on the file

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Judicial First Class Magistrate Court, Taliparamba which was registered for the offences punishable under Sections 406 and 420 of Indian Penal Code. The aforesaid crime was registered, on the basis of a private complaint submitted by the 2^nd respondent, which was referred for investigation to the Police under Section 156(3) of Cr.P.C.

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The allegation against the petitioner is that, the petitioner collected an amount of Rs.16,25,0000 on 08.06.2017 and a further amount of Rs.7,62,500/- on 19.09.2017, from the defacto complainant who is the Coordinator of Alacode St.Mary’s Ferona Church. The specific case of the petitioners is that, the aforesaid amounts were collected by the petitioner by persuading the defacto complainant that, he will supply construction materials at lower rates, if advance payments were provided to him. Consequently, amounts were paid but, he did not supply the materials as agreed. Annexure A1(a) is the First Information Report and Annexure A1(b) is the Final Report submitted by the Police. This Crl.M.C. is

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CRL.MC NO. 3563 OF 2019

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3

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filed by the petitioner for quashing all further proceedings pursuant to Annexure A1(b).

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Heard Sri.Suresh Kumar Kodoth, learned counsel appearing for the petitioner, Sri.Vipin Narayan, learned Public Prosecutor for the State and Sri.Nandagopal S. Kurup, learned counsel appearing for the 2^nd respondent.

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The specific contention put forward by the learned counsel for the petitioner is that, the transaction which is the subject matter of Annexure A1(b) crime is civil in nature and under no circumstances any culpability can be attributed against him. He places reliance upon various documents including Annexure A6 and Annexure A9 account statements. According to him, the aforesaid documents would indicate that, there were a series of transactions between the petitioner and the defacto complainant in respect of the supply of various kinds of articles and as of now, an amount of about Rs.20,00,000/- is due to the petitioner. It is also pointed out that, in connection with the said dispute, at his instance, Crime No.342/2018 was registered by Chittarikkal Police against the 2^nd

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CRL.MC NO. 3563 OF 2019

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respondent herein for the offences punishable under Section 420. It is pointed out that, at a later point of time, Annexure A1 crime was referred by the Police as civil nature. At the same time Annexure A1(a) First Information Report registered against the petitioner with similar nature of allegations resulted in submission of a Final Report alleging offences against the petitioner.

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On the other hand, the learned Public Prosecutor as well as the learned counsel appearing for the 2^nd respondent would oppose the aforesaid contentions.

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I have gone through the records and heard the

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contentions from the counsel concerned. The crucial aspect to be noticed is whether the amounts were collected by the petitioner from the defacto complainant with any dishonest intention to cheat the defacto complainant. Even though the learned counsel for the petitioner relies on several documents indicating several transactions between the parties right from the year 2015, I am of the view that, the question as to the existence of dishonest intention and as to whether there was any culpability on the part of the

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CRL.MC NO. 3563 OF 2019

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5

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petitioner, are matters which has to be considered by the trial court at appropriate stage on the basis of the relevant records. It is pointed out that, before the trial court the charges has not been so far framed. Therefore, since the petitioner has directly approached this Court without taking recourse to the remedy available to him to seek discharge, I do not deem it appropriate to entertain this Crl.M.C. and the contentions raised therein.

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In such circumstances, I close this Crl.M.C. without prejudice to the right of the petitioner to raise all his contentions before the trial court and seek for discharge. In case any such application is submitted, the same shall be considered by the learned Magistrate, and appropriate orders be passed.

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Sd/-

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ZIYAD RAHMAN A.A.
JUDGE

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scs

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CRL.MC NO. 3563 OF 2019

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APPENDIX OF CRL.MC 3563/2019

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`PETITION`	`ER ANNEX`	`URES`
`ANNEXURE`	`A1`	`TRUE` `08/1` `TALI`	`COPY` `0/2018` `PARAMB`	`OF COMPLAINT DATED` `BEFORE THE JFCM,` `A.`
`ANNEXURE`	`A1(A)`	`TRUE`	`COPY`	`OF FIR DATED 12/10/2018.`
`ANNEXURE`	`A1(B)`	`CERT` `NO.`	`IFIED` `744 DA`	`COPY OF FINAL REPORT DATED` `TED 30/12/2018.`
`ANNEXURE`	`A2`	`TRUE` `CERT` `COMP`	`COPY` `IFICAT` `ANY.`	`OF GST REGISTRATION` `E OF BRIGHTOGEN TRADING`
`ANNEXURE`	`A3`	`TRUE` `OF K`	`COPY` `ANNUR`	`OF REGISTRATION CERTIFICATE` `AGENCIES.`
`ANNEXURE`	`A4`	`TRUE` `22/0`	`COPY` `9/2015`	`OF AGREEMENT DATED` `.`
`ANNEXURE`	`A5`	`TRUE`	`COPY`	`OF INVOICE DATED 21/10/2015.`
`ANNEXURE`	`A5(A)`	`TRUE`	`COPY`	`OF INVOICE DATED 18/11/2015.`
`ANNEXURE`	`A5(B)`	`TRUE`	`COPY`	`OF INVOICE DATED 16/12/2015.`
`ANNEXURE`	`A5(C)`	`TRUE`	`COPY`	`OF INVOICE DATED 16/12/2015.`
`ANNEXURE`	`A5(D)`	`TRUE`	`COPY`	`OF INVOICE DATED 05/01/2016.`
`ANNEXURE`	`A5(E)`	`TRUE`	`COPY`	`OF INVOICE DATED 11/01/2015.`
`ANNEXURE`	`A5(F)`	`TRUE`	`COPY`	`OF INVOICE DATED 18/01/2016.`
`ANNEXURE`	`A5(G)`	`TRUE`	`COPY`	`OF INVOICE DATED 21/01/2016.`
`ANNEXURE`	`A5(H)`	`TRUE`	`COPY`	`OF INVOICE DATED 28/01/2016.`
`ANNEXURE`	`A5(I)`	`TRUE`	`COPY`	`OF INVOICE DATED 01/02/2016.`
`ANNEXURE`	`A5(J)`	`TRUE`	`COPY`	`OF INVOICE DATED 01/02/2016.`
`ANNEXURE`	`A5(K)`	`TRUE`	`COPY`	`OF INVOICE DATED 03/02/2016.`
`ANNEXURE`	`A5(L)`	`TRUE`	`COPY`	`OF INVOICE DATED 06/02/2016.`
`ANNEXURE`	`A5(M)`	`TRUE`	`COPY`	`OF INVOICE DATED 15/02/2016.`
`ANNEXURE`	`A5(N)`	`TRUE`	`COPY`	`OF INVOICE DATED 18/02/2016.`
`ANNEXURE`	`A5(O)`	`TRUE`	`COPY`	`OF INVOICE DATED 23/02/2016.`
`ANNEXURE`	`A5(P)`	`TRUE`	`COPY`	`OF INVOICE DATED 23/02/2016.`
`ANNEXURE`	`A5(Q)`	`TRUE`	`COPY`	`OF INVOICE DATED 07/03/2016.`
`ANNEXURE`	`A5(R)`	`TRUE`	`COPY`	`OF INVOICE DATED 18/03/2016.`
`ANNEXURE`	`A5(S)`	`TRUE`	`COPY`	`OF INVOICE DATED 30/03/2016.`
`ANNEXURE`	`A5(T)`	`TRUE`	`COPY`	`OF INVOICE DATED 05/05/2016.`
`ANNEXURE`	`A5(U)`	`TRUE`	`COPY`	`OF INVOICE DATED 23/07/2016.`
`ANNEXURE`	`A5(V)`	`TRUE`	`COPY`	`OF INVOICE DATED 24/09/2016.`

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CRL.MC NO. 3563 OF 2019

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ANNEXURE A5(W)TRUE COPY OF INVOICE DATED 26/09/2016.
ANNEXURE A5(X)TRUE COPY OF INVOICE DATED 03/10/2016.
ANNEXURE A5(Y)TRUE COPY OF INVOICE DATED 08/11/2016.
ANNEXURE A5(Z)TRUE COPY OF INVOICE DATED 22/11/2016.
ANNEXURE A5(AA)TRUE COPY OF INVOICE DATED 29/11/2016.
ANNEXURE A5(AB)TRUE COPY OF INVOICE DATED 13/12/2016.
ANNEXURE A5(AC)TRUE COPY OF INVOICE DATED 21/12/2016.
ANNEXURE A5(AD)TRUE COPY OF INVOICE DATED 07/01/2017.
ANNEXURE A5(AE)TRUE COPY OF INVOICE DATED 23/01/2017.
ANNEXURE A5(AF)TRUE COPY OF INVOICE DATED 16/02/2017.
ANNEXURE A5(AG)TRUE COPY OF INVOICE DATED 20/03/2017.
ANNEXURE A5(AH)TRUE COPY OF INVOICE DATED 08/06/2017.
ANNEXURE A5(AI)TRUE COPY OF INVOICE DATED 11/06/2018.
ANNEXURE A5(AJ)TRUE COPY OF INVOICE DATED 28/06/2018.
ANNEXURE A6TRUE COPY OF ACCOUNT STATEMENT OF
BRIGHTOGEN TRADING COMPANY AS ON
30/06/2018.

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ANNEXURE A7TRUE COPY OF ACCOUNT NO. 1780201000013
DURING THE PERIOD FROM 22/09/2015 TO
28/09/2016.

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ANNEXURE A8TRUE COPY OF INVOICE DATED 02/05/2016.
ANNEXURE A8(A)TRUE COPY OF INVOICE DATED 27/05/2016.
ANNEXURE A8(B)TRUE COPY OF INVOICE DATED 21/06/2016.
ANNEXURE A8(C)TRUE COPY OF INVOICE DATED 18/07/2016.
ANNEXURE A8(D)TRUE COPY OF INVOICE DATED 22/07/2016.
ANNEXURE A8(E)TRUE COPY OF INVOICE DATED 07/08/2016.
ANNEXURE A8(F)TRUE COPY OF INVOICE DATED 03/09/2016.
ANNEXURE 28(G)TRUE COPY OF INVOICE DATED 05/09/2016.
ANNEXURE A8(H)TRUE COPY OF INVOICE DATED 03/12/2016.
ANNEXURE A8(I)TRUE COPY OF INVOICE DATED 16/12/2016.
ANNEXURE A8(J)TRUE COPY OF INVOICE DATED 07/02/2017.
ANNEXURE A8(K)TRUE COPY OF INVOICE DATED 14/03/2017.
ANNEXURE A8(L)TRUE COPY OF INVOICE DATED 27/04/2017.
ANNEXURE A8(M)TRUE COPY OF INVOICE DATED 21/06/2017.
ANNEXURE A8(N)TRUE COPY OF INVOICE DATED 10/06/2017.
ANNEXURE A8(O)TRUE COPY OF INVOICE DATED 17/07/2017.
ANNEXURE A8(P)TRUE COPY OF INVOICE DATED 25/07/2017.
ANNEXURE A8(Q)TRUE COPY OF INVOICE DATED 08/08/2017.
ANNEXURE A8(R)TRUE COPY OF INVOICE DATED 11/08/2017.

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CRL.MC NO. 3563 OF 2019

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8

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ANNEXURE A8(S)TRUE COPY OF INVOICE DATED 13/09/2017.
ANNEXURE A8(T)TRUE COPY OF INVOICE DATED 23/09/2017.
ANNEXURE A8(U)TRUE COPY OF INVOICE DATED 07/10/2017.
ANNEXURE A8(V)TRUE COPY OF INVOICE DATED 28/10/2017.
ANNEXURE A8(W)TRUE COPY OF INVOICE DATED 06/12/2017.
ANNEXURE A8(X)TRUE COPY OF INVOICE DATED 22/12/2017.
ANNEXURE A8(Y)TRUE COPY OF INVOICE DATED 27/12/2017.
ANNEXURE A8(Z)TRUE COPY OF INVOICE DATED 09/01/2018.
ANNEXURE A8(AA)TRUE COPY OF INVOICE DATED 05/02/2018.
ANNEXURE A9TRUE COPY OF ACCOUNT STATEMENT.
ANNEXURE A10TRUE COPY OF STATEMENT OF ACCOUNT
ISSUED BY THE BANK IN RELATION TO
KANNUR AGENCIES FOR THE PERIOD FROM
22/02/2017 TO 08/06/2017.
ANNEXURE A11TRUE COPY OF NOTICE DATED 23/10/2018.
ANNEXURE A12TRUE COPY OF NOTICE DATED 07/11/2018.
ANNEXURE A13TRUE COPY OF FIR NO.342/2018 OF
CHITTARICKAL POLICE STATION.

Joseph M.George, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joseph M.George, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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