POOVALAPPIL DAVID Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are Manager and Managing Partner respectively of "Blue Diamond" theatre at Calicut. Sub Inspector, Nadakavu Police Station and Probationary Sub Inspector attached to that Station found the air conditioning unit attached to the theatre switched off while film was being exhibited in the theatre. Thereupon they registered a case for offence under S.420 r/w S.34 IPC. After proper investigation they laid charge before court for the said offence. Petitioners have approached this court for quashing the charge under S.482 of the Code of Criminal Procedure.

(2.) A copy of the charge filed before court is produced along with this petition as Annexure-C. The averments made therein clearly bring out the ingredients of cheating as envisaged by S.420 IPC.

(3.) Learned counsel representing the petitioners submits that the averments made in the charge will not in any circumstance spell out the ingredients of S.420 IPC. Learned counsel proceeds to state that petitioners had never dishonestly induced any person to deliver any property to them. Nor have they deceived customers who have purchased tickets for viewing film. I find it difficult to agree with these submissions.