SANJEEV KUMAR K.P. Vs. PUTHANPURAYILABDUL SALAM

JUDGEMENT

(1.) ACCUSED in C.C.No.260 of 2007 on the file of the Chief Judicial Magistrate Court, Kozhikode is before this Court praying to invoke the jurisdiction under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.") for quashing Annexure -A complaint. The offences alleged against the petitioner are punishable under Sections 406 and 420 of the Indian Penal Code (in short, "IPC").

(2.) GIST of the allegations is as follows:

(3.) LEARNED counsel for the petitioner submitted that going by the averments, no offence is made out and, therefore, the prosecution is an abuse of the process of the court. From the narration of facts made above, it can be seen that the grievance of the complainant is that after executing an agreement to assign the property, the accused entered into another agreement with a third party in order to defeat his rights. 'Cheating' is defined in Section 415 IPC. It reads as follows: