C.K. MUHAMMED HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C to quash the proceedings against the petitioners in the case registered as Crime No. 94/2016 of Thrithala police station.

(2.) The petitioners are the accused in the aforesaid case registered under Section 420 read with 34 I.P.C. The case was registered on the basis of the first information statement given to the police by the third respondent/de facto complainant. The material averments in this statement are the following: On 10.08.2015, an agreement was entered into by the de facto complainant and the petitioners for sale of the property of a college in his favour. The de facto complainant paid an amount of Rs.63,75,000/- to the petitioners through cheques. As per the agreement, the petitioners had to sell the property to the de facto complainant within the date 30.11.2015. On 24.11.2015, the de facto complainant approached the petitioners with the cheque for the balance amount of sale consideration. Then the petitioners told him that they would not sell the property to him and thereby, they have cheated him.

(3.) The petitioners have prayed for quashing Annexure-A1 first information report on the ground that the transaction between the parties was purely civil in nature and that the allegations raised against them, even if accepted as true, will not constitute the ingredients of the offence of cheating under Section 415 I.P.C.