IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.JUSTICE K.P.BALACHANDRAN FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Crl.Rev.Pet.No. 3186 of 2003(D) ------------------------------- CC.235/2000 of JUDL. MAGISTRATE OF FIRST CLASS-IV (MOBILE), TRIVANDRUM .................... REVN. PETITIONER: COMPLAINANT -------------------------------------- DR.JACOB GEORGE, T.C.16/1637 PMC-JAGATHI JUNCTION, THIRUVANANTHAPURAM-14. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT: ACCUSED --------------------------- RIAS USMAN, RIYAD HOUSE, M.R.A.(A-70) KANJIRAMPARA P.O., KANJIRAMPARA, THIRUVANANTHAPURAM. BY ADV.SRI.T.M.CHANDRAN ADV.SRI.V.AJAKUMAR THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN,J. ----------------------- CRL.R.P.3186/03 O R D E R 29.2.2008 K.P.BALACHANDRAN, J. ---------------------------------- CRL.R.P.No.3186 OF 2003 ----------------------------- DATED THIS THE 29TH DAY OF FEBRUARY, 2008 O R D E R This revision is filed by the complainant in C.C.No.235/2000 on the file of the Judicial First Class Magistrate's Court-IV( Mobile Court), Thiruvananthapuram discharging the accused under Section 245(1) of the Criminal Procedure Code of an offence punishable under Section 420 of the Indian Penal Code. I have gone through the elaborate order passed by the court below which is assailed in this revision. The order shows that the learned Magistrate has considered the case in detail on the basis of the evidence adduced in the case which consisted of oral evidence of PW1 to PW3 and documentary evidence, Exhibits P1 to P12 and D1 to D4. The learned Magistrate after a detailed discussion of the evidence and the ingredients of Section 415 of the IPC has come to the conclusion that there is no element of cheating and the ingredients of Section 415 does not stand made out on the facts of the case and that therefore no case stands made out against the respondent for commission of offence under CRL.R.P.3186/03 2 Section 420 IPC which if unrebutted would warrant a conviction of the respondent/accused. The order passed by the learned Magistrate under Section 245(1) of the Criminal Procedure Code discharging the respondent of offence under Section 420 of the IPC does not suffer any infirmity, illegality or impropriety. I confirm the order of discharge and dismiss this Criminal Revision Petition. K.P.BALACHANDRAN, JUDGE. dsn