M T KUNHALI Vs. STATE OF KERALA

JUDGEMENT

(1.) FIRST accused in C.C.125/1999 on the file of the Judicial First Class Magistrate Court -II, Perintalmanna, is the revision petitioner herein. The appellant along with another person was charge sheeted by the Sub Inspector of police, Wandoor, in Crime No.83/1994 of that police station under Section 420 read with Section 34 of the Indian Penal Code.

(2.) THE case of the prosecution in nut shell was that, on 08.01.1994, accused Nos. 1 and 2 in furtherance of their common intention of cheating the defacto -complainant on the promise of obtaining visa to the son of PW1 and induced PW1 to deliver 17,000/ - and first accused issued a cheque for 17,000/ - as security for the same, knowing that it does not belong to him, that belongs to 2nd accused and he did not obtained the visa nor had he returned the amount.

(3.) AFTER investigation, final report was filed and it was taken on file as C.C.No.125/1999 on the file of the Judicial First Class Magistrate Court -II, Perintalmanna. 2nd accused did not appear and first accused alone appeared. When he appeared before the court below, after hearing both sides, charge under Section 420 read with Section 34 of the Indian Penal Code was framed and the same was read over and explained to him and he pleaded not guilty.