VINOD Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed to quash the proceedings against the petitioners in the case C.C.No.86/2017 on the file of the Court of the Chief Judicial Magistrate, Thrissur, which is based on Annexure-II final report filed in Crime No.53/2017 of Thrissur West police station, Thrissur.

(2.) The petitioners are the accused in the aforesaid case. The prosecution case is as follows: The petitioners are the partners of the firm V.R.Associates. On behalf of the firm, the first petitioner had entered into an agreement with the wife of the second respondent/de facto complainant for construction of a house in the property owned by her. The petitioners obtained a total amount of Rs.7,47,100/- from the second respondent in two instalments as advance. They did construction work for only Rs.1,45,000/. They did not return the balance amount to the second respondent and thereby, cheated the second respondent.

(3.) The case against the petitioners was registered on the basis of a complaint filed by the second respondent in the Magistrate's Court which was forwarded to the police for investigation under Section 156(3) Cr.P.C. After completing the investigation, Annexure-II charge sheet was filed against the petitioners for the offences punishable under Sections 417, 418 and 420 read with 34 I.P.C.