SHAJILAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicants in B.A.No.3791 of 2020 are accused 1 and 2, while the applicant in B.A.No.1806 of 2020 is the 3 rd accused in Crime No.120 of 2020 of Yeroor Police Station, Kollam, for having allegedly committed offences punishable under Section 420 read with Section 34 of the IPC. The prosecution case, in brief, is this:

(2.) Accused 1 to 3, in furtherance of common intention, to cheat the defacto complainant, dishonestly induced him to deliver a sum of Rs.35 Lakhs on 03.08.2016 as advance payment towards transfer of eight vehicles with their company, because their business was being wound up due to failure and the vehicles were intended to be transferred. However, when the defacto complainant approached the applicants, they stated that the vehicles have already been sold and thus cheated the defacto complainant.

(3.) Heard the learned counsel appearing for the applicants, defacto complainant and the learned Public Prosecutor. The learned counsel appearing for the applicants would submit that the allegations are false and that they do not have any intention to cheat the defacto complainant as alleged. It is admitted that there was some business transaction between the applicants and the defacto complainant. But, regarding that, some dispute arose and a civil suit is also pending before the Sub Court, Punalur, as O.S.No. 10 of 2019. The dispute is primarily of a civil nature and has to be settled by a civil court of competent jurisdiction and therefore, no criminal case is made out.