TONY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No.176 of 2021 of Elamakkara police station registered for the offences punishable under Sec. 420 of the Indian Penal Code,the petitioner has preferred this application under Sec. 438 of the Code of Criminal Procedure.

(2.) The petitioner is the owner of the 1st floor of a building by name 'Vithayathil Building' located in Edappally North ,Kochi. The defacto complainant is the partner of a clinic functioning on the ground floor of the building. The petitioner for unlawful gain , with the intention to cheat the defacto complainant entered into an agreement of lease making her to believe that the building owned by him is free from encumbrances and liabilities and he could rent out the same to her .So the monthly rent was fixed as Rs.67,500.00 for a period of 5 years. Believing his words she paid a sum of Rs.7 lakhs as advance but later, Punjab National Bank and Allahabad bank had taken steps to take over the property to recover the money due to the respective banks as he defaulted the loan availed by him . Without disclosing the said loan transaction, the petitioner had entered into the agreement and received the advance amount as well the monthly rent of one month and thereby, cheated the defacto complainant.

(3.) Heard the rival contentions.