ABDUL HAKKEM P.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner the sole accused in C.C.No.1518/2008 on the files of the Additional Chief Judicial Magistrate Court, Ernakulam seeks to quash Annexure 1 final report submitted by Ernakulam Town South Police Station in Crime No.106/2007 before that court.

(2.) The prosecution case as against the petitioner as per Annexure 1 report is that, he, after having obtained a mobile postpaid connection in his name, failed to discharge his liability for user charges for a period of 5 months from 21.7.2006 to 21.11.2006. The allegation is that the petitioner incurred a gross monetary liability of Rs.97,678.5.00 for the period and after making a part payment of Rs.10,580.00, he kept the balance in arrears. The default on the part of the petitioner, according to the prosecution, amounts to an offence of cheating punishable under section 420 of IPC.

(3.) The petitioner's case is that the transaction in question is based on an agreement between the parties and therefore the alleged liability under the transaction is purely of civil nature. In as much as what is made out is only a civil liability out of the transaction in question, the petitioner seeks the consequential criminal proceedings in C.C.No.1518/2008 pursuant to the Annexure 1 final report, to be quashed.