w w w . L a w y e r S e r v i c e s . i n



Shibu Mathew, Pathanamthitta, Represented by his power of Attorney holder Mariamma Baby v/s State of Kerala, Represented by Public Prosecutor, High Court of Kerala, Ernakulam & Others


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- KERALA POWER COMPANY LIMITED [Strike Off] CIN = U40101KL1995PLC009791

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- A M MATHEW AND COMPANY PRIVATE LIMITED [Active] CIN = U65923TZ1955PTC000010

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- T P MATHEW AND COMPANY PVT LTD [Active] CIN = U63090KL1991PTC006170

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

    Crl. MC. No. 1113 of 2018 (H)

    Decided On, 10 March 2021

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

    For the Petitioner: John Mathew, Mathew John (JMA), Advocates. For the Respondents: R1, B. Jayasurya, Sr. PP. R2, Philip J. Vettickattu, Vineeth Kuriakose, Advocates.



Judgment Text

1. The petitioner is the first accused in the case C.C.No.1555/2016 pending in the Court of the Judicial First Class Magistrate, Adoor.2. Annexure-A1 F.I.R was registered against the petitioner and his wife and his father on the basis of a complaint given by the second respondent (hereinafter referred to also as 'the complainant') before the Dy.S.P, Adoor. After completing the investigation of the case, the Dy.S.P, Adoor filed final report against the petitioner and his father for committing the offence punishable under Section 420 read with 34 of the Indian Penal Code.3. The prosecution case, as revealed from the final report filed, is as follows: The first accused had made representation to the complainant that he would arrange job for him in Zambia. On the basis of such representation, the complainant paid a total amount of Rs.1,50,000/- to the first accused. The complainant also gave Rs.4,00,000/- to the second accused, who is the father of the first accused, on 01.06.2014. However, the accused did not arrange permanent job for the complainant as Nursing Tutor in Zambia. They also did not repay him the amount obtained from him. Thus, they cheated the complainant and committed the offence punishable under Section 420 read with 34 of the Indian Penal Code.4. This petition under Section 482 Cr.P.C is filed by the first accused in the case for quashing Annexure-A1 F.I.R and Annexure-A5 final report filed against him.5. Heard learned counsel for the petitioner and the second respondent and also the learned Public Prosecutor.6. The petition contains a prayer for quashing Annexure-A1 F.I.R which was registered as early as on 08.07.2015. The petitioner filed this application under Section 482 Cr.P.C only on 16.02.2018, after filing final report in the case. The allegations in Annexure-A1 F.I.R, prima facie, disclose commission of cognizable offences. Therefore, at this stage, I find it not expedient to quash Annexure-A1 F.I.R against the petitioner by invoking the power under Section 482 Cr.P.C.7. Learned counsel for the petitioner contended that the amount of Rs.1,50,000/- was received by the petitioner from the complainant towards the expenses to be met for arranging job for the complainant in Zambia. Learned counsel would submit that, the petitioner arranged job for the complainant in Zambia and that the complainant worked in Zambia. Learned counsel would further submit that, although only a temporary job was initially arranged on the basis of temporary visa, the petitioner had arranged permanent job for the complainant in Zambia but the complainant did not return to Zambia after he came back from there. In such circumstances, learned counsel would submit that, the offence under Section 420 of the Indian Penal Code will not lie against the petitioner.8. Learned counsel for the second respondent/ complainant would submit that the promise made by the petitioner to the complainant was that the petitioner shall arrange permanent job for the complainant in Zambia and it was on the basis of such representation made by the petitioner that the complainant gave him Rs.1,50,000/- and Rs.4,00,000/- to his father.9. Admittedly, the petitioner had received Rs.1,50,000/- from the complainant on the promise that he would arrange job for the complainant in Zambia. Admittedly, the petitioner had arranged a job for the complainant in Zambia on temporary basis.10. Learned counsel for the second respondent would contend that the complainant went to Zambia and worked there spending his own money and not on the basis of any assistance rendered by the petitioner. There is no basis for this submission. In the statement given by the complainant to the police during the investigation of the case, he has stated that it was on the basis of the transaction with the petitioner that he went to Zambia.11. The complainant had returned from Zambia on 18.02.2015. Annexures A2(32) and A2(31) documents dated 30.09.2015 would show that work permit in the name of the complainant was approved by the authorities concerned and the complainant was given intimation to join duty in Zambia but he did not respond.12. In the above circumstances, the allegations raised against the petitioner in the final report do not make out the ingredients of an offence punishable under Section 420 of the Indian Penal Code.13. Section 420 of the IPC states that, whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.14. The ingredients to constitute an offence under Section 420 of the I.P.C are: (i) a person must commit the offence of cheating under Section 415 of the I.P.C; and (ii) the person cheated must be dishonestly induced to (a) deliver property to any person; or (b) make, alter or destroy valuable security or anything signed or sealed and capable of being converted into valuable security. Cheating is an essential ingredient for an act to constitute the offence under Section 420 of the I.P.C.15. Section 415 of the IPC states that, whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".16. The ingredients to constitute an offence of cheating are: (i) there should be fraudulent or dishonest inducement of a person by deceiving him; (ii) (a) the person so induced should be intentionally induced to deliver any property to any person or to consent that any person shall retain any property, or (b) the person so induced should be intentionally induced to do or to omit to do anything which he would not do or omit if he were not so deceived; and (iii) in cases covered by (ii)(b) above, the act or omission should be one which caused or is likely to cause damage or harm to the person induced in body, mind, reputation or property. A fraudulent or dishonest inducement is an essential ingredient of the offence of cheating.17. For the purpose of constituting an offence of cheating, the complainant is required to show that the accused had fraudulent or dishonest intention at the time of making promise or representation. In the instant case, the very fact that the petitioner initially arranged temporary job for the complainant in Zambia would indicate that he had no dishonest intention at the time of making the representation to the complainant that he would arrange job for him in Zambia. Though, the job was initially arranged on temporary basis, subsequently, work permit for the petitioner

Please Login To View The Full Judgment!

was arranged by the petitioner but the complainant did not go to Zambia to join duty there.18. In the absence of any dishonest intention on the part of the petitioner at the time of making promise or representation, no offence under Section 420 of the Indian Penal Code has been made out against the petitioner. As such, if the criminal proceedings are allowed to go on against the petitioner, it will amount to abuse of the process of law and in order to secure the ends of justice, the criminal proceedings against him are liable to be quashed.19. Consequently, the petition is allowed in part. Annexure-A5 final report, as far as it relates to the petitioner, and all proceedings against him based on the final report, are hereby quashed.All pending interlocutory applications are closed.
O R