SIJO JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') has been filed by the petitioners who are arraigned as accused No.1 to 3 in Crime No.165/2014 for having committed offences punishable under Sections 406,420 and 34 of the Indian Penal Code. They seek to quash the final report.

(2.) The brief facts that could be culled out from the pleadings and records would show that the petitioners are the owners of certain extent of property in Erumapetti village. The de facto complainant lodged a complaint before the Judicial First Class Magistrate, Wadakkanchery alleging that on 2.9.2013 the petitioners have entered into an agreement for sale of their properties to him and his brother for a total sale consideration of 7,10,00,000/-. An advance amount of Rs.2,25,00,000/- was also received on the very same day. The period fixed for performance of the sale agreement was 31.12.2013. But the petitioners failed to execute the sale deed in their favour as promised and also failed to return the advance amount received by them. Though the de facto complainant approached him for the advance amount on failure to execute the sale deed, two cheques were handed over to them making them to believe that sufficient amount are in the account and he could encash the same. But the cheques were dishonoured when presented for encashment for the reason that the signatures in the cheques were incomplete. Since the intention of the petitioners was to cheat the de facto complainant he has lodged the complaint before the Judicial First Class Magistrate Wadakkanchery which was forwarded to the police,Erumapetty and FIR No.165/2014 was registered under Sections 406, 420 read with Section 34 of the Indian Penal Code. After investigation the final report was filed before the Magistrate Court against these petitioners. The petitioners have approached this Court to quash the final report filed against them contending that the dispute between the parties is purely of civil nature and hence the criminal proceedings registered against them on the basis of the averments in the complaint which is of civil nature is only an abuse of the process of the court and the same is liable to be quashed exercising the jurisdiction under Section 482 of the Code.

(3.) Heard Sri.K.Ramkumar, the learned Senior Counsel appearing for the petitioners, Sri. G. Sreekumar, the learned counsel for the 3rd respondent, Smt. M.K Pushpalatha the learned Public Prosecutor and perused the records.