JIJI GEORGE Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) Petition filed under Section 482 Cr.P.C., 1973

(2.) Petitioner is the accused in Crime No.20 of 2017 of Vazhikadavu Police Station registered for the offences under Sections 406 and 420 IPC. The third respondent is the victim/informant. It was on the information given by him the police registered the case. He is a PWD contractor. He wanted to purchase a JCB for the use of his business. The petitioner had a licence to drive a JCB represented to him that if the vehicle was purchased in his name. It was easy to get bank loan for a lessor interest. The third respondent agreed to it. Accordingly, a JCB was purchased by the third respondent in the name of the petitioner with the assistance of a financier. The third respondent used to remit the amount. The entire debt was wiped off. Thereafter, the petitioner without the knowledge of the third respondent obtained the records pertaining to the vehicle from the financier and converted the vehicle to his own use. This is the sum and substance of the allegation in the first information statement. The proceedings are sought to be quashed on the ground that the records show that the petitioner is the owner of the vehicle and the third respondent's version is false. It is further alleged that the dispute is purely of a civil nature.

(3.) Heard the learned counsel for the petitioner and the third respondent and the learned Public Prosecutor.