CLEETUS, S/O BHAVA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in C.C.No.790 of 1996 before the Additional Chief Judicial First Class Magistrate's Court, Ernakulam. He along with three others were prosecuted for offences punishable under Sections 415 and 420 of the Indian Penal Code. The prosecution case as available in paragraph 2 of the judgment of the Magistrate is as follows:-

(2.) The petitioner's contention is that the evidence available is not sufficient to convict the petitioner. According to the petitioner, the petitioner was not responsible for the allegations. According to him, it is PW3 and accused Nos.3 and 4, who committed the offence. He would submit that there is no evidence to show that he received money from PWs 1, 2 and 6. As such, there was no evidence available to convict the petitioner, is the contention raised.

(3.) On the other hand, the learned Public Prosecutor would contend that PWs 1, 2 , 3, 4 and 6 have categorically asserted that the petitioner received money from them on the promise that the petitioner would arrange visa for a job abroad. They have also stated that the petitioner did not arrange the visa for the job as promised, thus cheating them.