SIDHIQUE AND ORS. Vs. NAZAR AND ORS.

JUDGEMENT

(1.) This is an application filed by the petitioners who are the accused Nos1 and 2 in C.C. No. 991/2014 to quash the proceedings under Sec. 482 of the Code of Criminal Procedure.

(2.) The case of the petitioner in the petition was that petitioners are father and son and 1st respondent is the nephew of the 1st accused and uncle of the 2nd accused. The case was originated on the basis of a private complaint filed by the 1st respondent against the petitioners alleging offences under Ss. 465, 467, 468, 471, 420 and Sec. 120(B) of the Indian Penal Code alleging that the accused persons conspired and withdrawn the amount of the 1st respondent by sending an email from the e -mail account of the complainant from the bank without his knowledge. The complaint was forwarded to the Police by the learned Magistrate under Sec. 156(3) of Code of Criminal Procedure and on that basis a crime was registered as crime No. 980/2013 of Thalayolaparambu Police Station and after investigation, Annexure B final report was filed before the Judicial First Class Magistrate's Court Vaikkom, where it was taken on file as CC No. 991/2014. According to the petitioners even if the entire allegations are accepted there is no criminal offence made out. It is purely a civil dispute and no proper investigation has been conducted to find out whether the petitioners had sent the e -mail to the bank. No scientific investigation has been conducted to find out the sender of e -mail from the e -mail account of the defacto complainant and possibility of conviction is remote and they prayed for quashing the proceedings.

(3.) The 2nd respondent filed detailed counter denying the allegations and they also submitted that during investigation, it was revealed that email communication was sent from the email account of the complainant to the bank and the amount was withdrawn by 1st accused with the connivance of the 2nd accused.