K.O. ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the accused in CC No.146 of 2022 on the files of the Judicial First Class Magistrate Court, Angamaly. The aforesaid case has arisen from Crime No.1003 of 2021 of the Nedumbassery Police Station registered based on information furnished by the 2nd respondent. The offense alleged is under Sec. 406 of the IPC.

(2.) The prosecution allegation is as under: The petitioner, a headload worker in the Air Cargo Sec. of the Cochin International Airport Ltd. (CIAL), was also the Secretary of the CIAL Air Cargo Loading and Unloading Workers Union. He is alleged to have approached the complainant and other workers and convinced them that CIAL had challenged the Government order granting permanence to the employment of the workers in court. He is alleged to have apprised them that a lawyer would be needed to fight the case and that the workers would have to pay their share of the legal fees when they received the benefits. As security, he obtained blank signed cheques from the complainant and others. When the cheques were demanded back, he refused to return them. This prompted the complainant to file a police complaint, and a case was registered. After the investigation, a final report was filed in court.

(3.) Sri.Ashkar, the learned counsel appearing for the petitioner, submitted that to attract the offense under Sec. 406 of the IPC, in addition to the entrustment of the property, it needs to be shown that the accused had misappropriated or converted the same to his own use. It is submitted that the cheque was retained by the petitioner in pursuance to the decision taken by the General Body of the Union. The complainant has no case that the cheque was presented or the proceeds misappropriated by either the petitioner or the Union. In order to substantiate his contention, profuse reliance is placed by the learned counsel to the law laid down by the Apex Court in Suryalakshmi Cotton Industries Ltd. vs. Rajvir Industries Ltd. and Others ( 2008 (1) KHC 337).