PRAGNISH BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the fifth and the sixth accused in the case registered as Crime No. 494/2018 of the Kalpetta Police Station.

(2.) The aforesaid case is registered on the basis of the complaint (Annexure-A2) filed by the second respondent (hereinafter referred to also as 'the complainant') in the Court of the Chief Judicial Magistrate, Kalpetta, which was forwarded under Section 156(3) of the Code of Criminal Procedure, 1973 (for short 'the Code') for investigation.

(3.) The material averments in Annexure-A2 complaint can be stated as follows: The complainant is a person conducting a jewellery shop in Kalpetta. The fifth and the sixth accused were persons closely acquainted with the complainant. On 07.04.2018, at about 17:00 hours, the fifth and the sixth accused came to the shop of the complainant. They told the complainant that the marriage of the third accused, who is the daughter of the first and the second accused, was scheduled to be held on the next day, that is, 08.04.2018 but the first and the second accused could not arrange 20 sovereigns of gold Crl.MC.No.8117 OF 2018(D) ornaments which they had agreed to give to their daughter and if the gold ornaments could not be given, the marriage will not take place and then, the first and the second accused had no option other than to commit suicide. The fifth and the sixth accused told the complainant that, if he gave the first and the second accused 20 sovereigns of gold ornaments, half the price of the gold ornaments would be paid on 09.04.2018 and the remaining half would be paid on 15.04.2018. On the basis of the inducement and compulsion made by the fifth and the sixth accused, the complainant agreed to give the gold ornaments. On the same day, at about 19:00 hours, the fifth and the sixth accused came to the jewellery shop of the complainant along with accused 1 to 4 They purchased 160.100 grams of gold ornaments and the purchase bill to the tune of Rs.5,48,048/- was given in the name of the fifth accused. Subsequently, the accused did not pay the amount to the complainant. On enquiry, the complainant came to know that the marriage of the third accused was not conducted and it was with the intention to cheat the complainant that accused 1 to 6 had obtained the gold ornaments from him on the pretext of such a marriage. Subsequently, the fifth and the sixth accused made a complaint in the police station stating that the complainant was harassing them by demanding money from them. All the accused, Crl.MC.No.8117 OF 2018(D) except the third accused, came to the police station and it was agreed there that half the amount due to the complainant would be given on 15.06.2018 and the remaining amount would be given within a period of one month and that the liability to pay the amount was only that of the first accused. Even then, the amount due to the complainant was not paid. Then the complainant gave a petition in the police station and the accused were summoned to the police station. At the police station, accused 1 to 6 promised that they would give the amount of Rs.5,48,000/- due to the complainant on 05.10.2018. Accused 1 and 4 came to the shop of the complainant and gave him a cheque for Rs.5,48,000/-, which was signed by the second accused. When the complainant presented the cheque in the bank, it was dishonoured for the reason that there was no sufficient amount in the account. Accused 1 to 6 had entered into a criminal conspiracy to cheat the complainant and to obtain the gold ornaments from him. Therefore, it is alleged that the accused have committed the offences punishable under Sections 420, 406 , 421 and 424 read with 34 IPC and 120B IPC.