BAIJU N. NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused Nos. 1 and 2 in C.C.No.259/2015 on the files of Judicial First Class Magistrate Court, Perumbavoor, have filed this petition under Sec. 482 of the Code of Criminal Procedure for quashing the proceedings in the said case.

(2.) The above case originated from an F.I.R registered on the basis of the complaint of the second respondent alleging cheating on the part of the petitioners in connection with the withdrawal of the amount in deposit in the account of the second respondent's husband at Velloor Service Co-operative Bank Ltd. The second respondent's husband who retired from Madhya Pradesh Government Service, was admittedly suffering from chronic mental ailment. He was taken to his native place Pambadi for the purpose of treatment by his elder brother late Narayanan Nair, who was the father of the first petitioner and the husband of the second petitioner. It is stated that the second respondent's husband had accorded permission to the above said Narayanan Nair to withdraw amounts from his account to meet the expenses of his treatment. However, it is alleged that the petitioners, after the death of the above said Narayanan Nair, withdrew about Rs.2,00,000.00 from the account of the second respondent's husband, making use of the receipt fraudulently and dishonestly obtained from him under the pretext that it was for meeting his treatment expenses, and thereafter misappropriated the above amount causing undue loss to the second respondent and her husband. It is the further allegation against the petitioners that they committed cheating in the above manner in furtherance of their common intention to defraud the second respondent and her husband.

(3.) In the present petition, the petitioners would allege that the offence of cheating is not attracted in the facts and circumstances of the case. According to the petitioners, the basic ingredients of Sec. 415 I.P.C and Sec. 420 I.P.C are not brought out from the prosecution records, and hence the proceedings before the learned Magistrate have to be terminated to prevent the abuse of process of court.