SARASAMMA M V Vs. CHARLEY ABRAHAM

JUDGEMENT

(1.) PETITIONERS are the widow and children of late V. L. Ramachandran Pillai, who was employed as an Attender in the first respondent bank. Late Ramachandran Pillai, while working in the bank, had availed loans from the bank and without discharging the liabilities, he committed suicide on 24/03/2000. It is alleged that the liabilities amount to Rs.7,11,973/- and the petitioners herein executed an agreement in favour of the bank whereby it was stated that they are amenable to the first respondent realising the entire due amount from the properties of the petitioners. Alleging that the petitioners in breach of the agreement, executed two sale deeds, as Document Nos. 2670 and 2671 of 2000 of the SRO, Chengannur in respect of their properties and that the sale deeds were executed with intent to deceive and to have wrongful loss to the first respondent and thus the appellants committed offence punishable under Section 420 read with 34 IPC, a complaint was filed before the Judicial Magistrate of the First Class-I, Chengannur. The learned Magistrate forwarded the same to the Station House Officer, Chengannur under Section 156(3) of the CrPC. The Sub Inspector of Police, Chengannur registered a case as Crime No. 60 of 2000 against the petitioners for offence punishable under Section 420 read with 34 IPC. Annexure-A1 is the FIR and the complaint thereon. The police, after investigation, filed Annexure A2 charge-sheet against the petitioners alleging offence under Section 420 read with 34 IPC, the cognizance of which was taken by the learned Magistrate as endorsed over Annexure-A2 charge-sheet. Alleging that no offence was committed by the petitioners and that the agreement executed by them are not enforceable and that no offence under Section 420 read with 34 IPC or any other provision of the IPC was committed and that the proceedings were initiated maliciously and with ulterior motives for wreaking vengeance against the children of late Ramachandran Pillai, the petitioners by this petition seek an order to quash Annexure-A2 charge-sheet in exercise of the powers conferred under Section 482 of the Code of Criminal Procedure.

(2.) ON behalf of the first respondent, the President filed a counter-affidavit affirming that late Ramachandran Pillai, who was an Attender in the bank, had availed loans and the total amount due from him was Rs.7,11,973/- and that by letter dated 07/12/1999, he had assured that the amount would be remitted within 30 days and in the event of default, he would be abided by any disciplinary action. Annexure-R1(a) is the letter. Since he failed to remit the amount, a show-cause notice was issued on 11/01/2000 preceding the disciplinary action and he committed suicide on 24/03/2000 and steps were initiated for filing arbitration proceedings and on knowing the movement of the first respondent, the petitioners, on 29/04/2000, executed Annexure-R1 (b) agreement agreeing to remit the amount and the petitioners had sufficient means to clear off the liabilities and that though awards were obtained against the petitioners in Arbitration Proceedings Nos. 50, 51, 52, 53 and 61 of 2000, there occurred delay in execution of the same and that without caring to co-operate for the early disposal of the case as directed by this Court by judgment dated 12/02/2004, by Annexure-R1 (c) judgment in Writ Petition (C) No. 2633 of 2001, this petition was moved and prayed for dismissal of the petition.

(3.) SECTION 415 of the Indian Penal Code defines cheating. A reading of SECTION 415 of the IPC would be relevant. It reads as follows: