Allowed

Subhash Basheer v. State of Kerala

Kerala HC16 Feb 2022Crl.MC/4560/2020

Case brief

AI extract

What is this about?

High Court of Kerala allowed two Criminal Miscellaneus cases to quash the FIR and final report against accused in a loan-deal dispute involving an alleged sale deed security transaction, holding that breach of contract does not constitute criminal offences absent specific ingredients of cheating.

What did the court decide?

Both Criminal Miscellaneus cases were allowed to quash the FIR and the final report submitted in connection with the alleged offences.

Subhash Basheer Vs State of Kerala — Contract and Commercial Disputes | 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 P.SOMARAJAN

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WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943

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CRL.MC NO. 4233 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CC 495/2020 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, ERNAKULAM

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CRIME NO.958/2018 OF ERNAKULAM TOWN NORTH POLICE STATION
PETITIONER/ACCUSED NO.3:

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ABDUL LATHEEF
AGED 40 YEARS
S/O. BAVA PONAKKUZHI KUNJUMUHAMMED,
PONAKKUZHI HOUSE, VEZHAVANA DESOM,
EDAVILANGU P.O., PANANGAD VILLAGE,
KODUNGALUR, THRISSUR DISTRICT, PIN-680 671.

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BY ADVS.
MONI GEORGE
SHRI.STEPHEN JACOB

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RESPONDENTS /STATE & COMPLAINANT:

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1STATE OF KERALA
(CRIME NO.958/2018 OF ERNAKULAM TOWN NORTH POLICE
STATION), REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

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2T.P.NANDAKUMAR
AGED 59 YEARS
S/O. DAMODARAN NAIR, THIRUVATHIRA VEETIL,
VAIRELIL LANE, PALLIPARAMBUKAVU ROAD,
THRIPUNITHURA DESOM, NADAMEL VILLAGE,
ERNAKULAM DISTRICT-682 301.

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R1 BY SRI. UNNIKRISHNAN S, PUBLIC PROSECUTOR
R2 BY ADVS.
SHRI.BALAMURALI K.P.
SHRI.SHAJI T.M.
SRI.K.R.JITHIN
SRI.MANU TOM
SRI.S.RAJEEV

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR HEARING ON
16.02.2022, ALONG WITH Crl.MC.4560/2020, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:

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Crl.MC Nos.4233/2020 & 4560/2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

¶19

WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943

¶20

CRL.MC NO. 4560 OF 2020

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AGAINST THE ORDER/JUDGMENT IN CC 495/2020 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,ERNAKULAM

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CRIME NO.958/2018 OF ERNAKULAM TOWN NORTH POLICE STATION

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PETITIONERS/ACCUSED NOS.1 &2:

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1SUBHASH BASHEER
AGED 42 YEARS
S/O BASHEER, KULAPPURATH HOUSE,
PARAKKODE, ADOOR P.O,
PATHANAMTHITTA DISTRICT-691554.

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2HABEEBA BASHEER
AGED 31 YEARS
W/O SUBHASH BASHEER,
KULAPPURATH HOUSE,
PARAKKODE, ADOOR P.O,
PATHANAMTHITTA DISTRICT-691554.

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BY ADVS.
MATHEW KURIAKOSE
SRI.J.KRISHNAKUMAR (ADOOR)

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RESPONDENTS/STATE & COMPLAINANT:

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1 STATE OF KERALA (CRIME NO.958/2018 OF ERNAKULAM TOWN NORTH POLICE STATION),REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.

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2 T.P NANDAKUMAR, AGED 59 YEARS

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Crl.MC Nos.4233/2020 & 4560/2020

¶31

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S/O DAMODARAN NAIR,
THIRUVATHIRA VEETIL,
VAIRELIL LANE, PALLIPARAMBUKAVU ROAD,
THRIPUNITHURA DESOM,
NADAMEL VILLAGE,
ERNAKULAM DISTRICT-682301.

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R1 BY SRI. UNNIKRISHNAN S, PUBLIC PROSECUTOR
R2 BY ADVS.
SRI.MANU TOM
SHRI.BALAMURALI K.P.
SHRI.SHAJI T.M.
SRI.K.R.JITHIN
SRI.K.S.HARIHARAPUTHRAN
SMT.BHANU THILAK

¶34

THIS CRIMINAL MISC. CASE HAVING COME UP FOR
HEARING ON 16.02.2022, ALONG WITH Crl.MC.4233/2020, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC Nos.4233/2020 & 4560/2020

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ORDER

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Accused Nos.1 to 3 came up to quash the FIR
and final report. Crime was registered and
final report was submitted alleging offences
under Sections 406, 420,120B read with 34 IPC
and under Section 17 of the Kerala Money
Lenders Act,1958.

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2. The allegation is in connection with
the execution of a sale deed dated 5.11.2016
and an agreement for sale executed on the same
day between the de facto complainant and
accused Nos.1 and 2. It is submitted by the
party respondent and the learned Public
Prosecutor that the sale deed was executed only
as a security to a loan transaction with a
condition to re-convey the property for which
an unregistered agreement was also executed on
the same day. Overlooking the agreement, the
accused Nos.1 and 2 sold the property to the

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Crl.MC Nos.4233/2020 & 4560/2020

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third accused.

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3. It is too unfortunate that crime was

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registered and final report was submitted on
the allegation of offence under Section 17 of
the Kerala Money Lenders Act, without knowing
what actually amounts to Section 17 of the said
Act. Breach of an obligation arising out of
the contractual agreement between the parties
would not constitute any offence unless the
same independently constitute any particular
offence by its nature. The civil liability
arising out of breach of an obligation annexed
to an agreement for sale shall not be a ground
to fasten criminal liability especially under
Section 17 of the Money Lenders Act or under
Section 420 IPC. Nothing was brought out even
by the final report in respect of the
ingredients which would constitute an offence
of cheating as defined under Section 415 IPC.
Necessarily the complementary offences also
will not stand attracted.

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Crl.MC Nos.4233/2020 & 4560/2020

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4. At the fag end, the learned counsel for

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the party respondent submitted that yet another
offence is also involved in connection with the
alleged forgery but the present final report is
for the above said offences. Hence the same
would stand quashed, without any observation
pertaining to any other offence alleged to have
been committed.Both the Crl.MCs. are allowed
accordingly.

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 Sd/-

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P.SOMARAJAN

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JUDGE

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SPV

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Crl.MC Nos.4233/2020 & 4560/2020

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APPENDIX OF CRL.MC 4233/2020

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PETITIONERS’ ANNEXURES :

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ANNEXURE A TRUE COPY OF THE CHARGE SHEET CUM
FINAL REPORT IN CRIME NO.958/2018 OF
ERNAKULAM TOWN POLICE STATION IN
ERNAKULAM DISTRICT.
ANNEXURE BTRUE COPY OF THE RELEVANT PAGES OF
SALE DEED NO.4073 OF 2016 OF SRO,
ERNAKULAM.
ANNEXURE CTRUE COPY OF THE RESOLUTION DATED
1.6.2016 OF THE BOARD OF DIRECTORS OF
M/S. MANOLOKAM GROUP PUBLISHING
COMPANY PVT. LTD.
ANNEXURE DTRUE COPY OF THE RELEVANT PAGES OF
SALE DEED NO.219 OF 2018 OF SRO,
ERNAKULAM.
ANNEXURE ETRUE COPY OF THE PLAINT IN
O.S.NO.1040 OF 2018 ON THE FILE OF
THE PRINCIPAL MUNSIFF'S COURT
ERNAKULAM (NOW PENDING AS O.S.NO.72
OF 2019 BEFORE THE SUB COURT
ERNAKULAM).
ANNEXURE FTRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE PETITIONER WHO IS
DEFENDANT NO.3 IN O.S.NO.72 OF 2019
BEFORE THE SUB COURT ERNAKULAM.
ANNEXURE GTRUE COPY OF THE STATEMENT OF CW 13
HASHIM RECORDED BY INSPECTOR OF
POLICE ERNAKULAM TOWN NORTH POLICE
STATION IN CRIME NO.958/2018.

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ANNEXURE HTRUE COPY OF THE STATEMENT OF CW 14
SHEMEER RECORDED BY INSPECTOR OF
POLICE ERNAKULAM TOWN NORTH POLICE
STATION IN CRIME NO.958/2018.

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Crl.MC Nos.4233/2020 & 4560/2020

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RESPONDENTS’ EXHIBITS:

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ANNEXURE-R2 (a)TRUE COPY OF THE COMPLAINT FILED
BEFORE THE SHO TOWN NORTH POLICE
STATION, ERNAKULAM ALONG WITH THE
RECEIPT DATED 22.12.2020.

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//TRUE COPY//

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PA TO JUDGE

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Crl.MC Nos.4233/2020 & 4560/2020

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APPENDIX OF CRL.MC 4560/2020

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PETITIONERS’ ANNEXURES :

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ANNEXURE-ATRUE COPY OF THE CHARGE SHEET CUM
FINAL REPORT IN CRIME NO. 958/2018 OF
ERNAKULAM TOWN NORTH POLICE STATION
IN ERNAKULAM DISTRICT.

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ANNEXURE-BTRUE COPY OF THE RESOLUTION DATED
01.06.2016 OF THE BOARD OF DIRECTORS
OF M/S. MANOLOKAM GROUP PUBLISHING
COMPANY PVT LTD.

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ANNEXURE-CTRUE COPY OF THE PLAINT IN OS NO 1040
OF 2018 ON THE FILE OF THE PRINCIPAL
MUNSIFF'S COURT ERNAKULAM (NOW
PENDING AS OS NO.72 OF 2019 BEFORE
THE SUB COURT ERNAKULAM).

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RESPONDENTS’ EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Subhash Basheer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Subhash Basheer v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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