The Kerala High Court rejected a criminal revision petition challenging an order dismissing a cheating complaint. The High Court found no ground to interfere as the lower court correctly found no inducement to attract the offence.
The criminal revision petition was dismissed. The impugned order dismissing the complaint under Section 420 IPC was affirmed.
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 BECHU KURIAN THOMAS
FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
CRL.REV.PET NO. 736 OF 2005
AGAINST THE ORDER IN C.M.P.NO.5150/2003 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,CHANGANACHERRY
REVISION PETITIONER/COMPLAINANT:
MANOJ PAUL
PARACKAL HOUSE
ANGADY, CHANGANACHERRY.
BY ADV SRI.JOHN VARGHESE
RESPONDENT/ACCUSED:
1SYAM KUMAR
PUTHIYA VEETTIL
APPAPPIKADA
CHETTUKUZHI
VANDANMEDU P.O. IDUKKI.
2 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM.BY ADV
C.N.PRABHAKARAN
PUBLIC PROSECUTOR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Crl. R.P. No.736 of 2005
-:2:-
BECHU KURIAN THOMAS, J. ==================== Crl. R.P. No.736 of 2005
===================== Dated this the 7th day of July, 2023
ORDER
This criminal revision petition is preferred against the order dated 13.12.2004 in C.M.P.No.5150/2003 on the files of the Judicial First Class Magistrate Court, Changanacherry.
Accordingly, there is no merit in this criminal revision petition and it is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
jka/07.07.23.
1 issue framed by the court
Whether the High Court should interfere with the order dismissing the complaint for cheating for lack of evidence of inducement.
2 provisions across 2 enactments
MANOJ PAUL
SYAM KUMAR
THE STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court