IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Crl.MC.No. 3632 of 2011() ------------------------------------ CC.43/2009 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, IDUKKI. CRIME NO.168/2008 OF MURIKKASSERY POLICE STATION, IDUKKI. .................... PETITIONER/ACCUSED ---------------------------------- MICHAYEL ALIAS JOSE, S/O. THOMAS, AGED 44 YEARS, PUTHANPURACKAL HOUSE, MURICKASSERY KARA, VATHIKUDY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENTS/COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BABU, S/O. KUNJAPPAN, AGED 43 YEARS, CHENAKAPPALLIL HOUSE, RAJAMUDY KARA, VATHIKUDY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI. R1 BY PUBLIC PROSECUTOR SMT.R. REMA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3632 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 : A TRUE COPY OF THE JUDGMENT DTD.7.8.08 IN OS NO.13/2008. ANNEXURE A2 : A CERTIFIED COPY OF THE CMP NO.2372/2008. ANNEXURE A3 : A CERTIFIED COPY OF THE FIR IN CRIME NO.168/08. ANNEXURE A4 : A CERTIFIED COPY OF FINAL REPORT. ANNEXURE A5 : A TRUE COPY OF THE AGREEMENT DTD.19.7.2007. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3632 of 2011 ---------------------------------------------------- Dated this the 24th day of October, 2011 Order The petitioner is the accused in CC No.43 of 2009 on the file of JFCM Court, Idukki. The crime was registered in the year 2008. The offence alleged against him is under Section 420 IPC. The case was pending before the learned Magistrate for more than two years. It is only now that the petitioner has come to this court stating that the dispute is of civil nature. On going through the charge sheet, it is seen that there is allegation of concealment or suppression of material fact, namely, that the property was mortgaged to the Housing Board, Kattappana and that money was due to the Housing Board under the said mortgage was suppressed at the time of transaction. Suppressing that material fact the petitioner had entered into the agreement. The concealment of material fact may attract the offence of cheating. However, I do not make any observation in this regard lest it should prejudice the prosecution or the accused. The learned counsel has relied upon certain decisions in support of his Crl.M.C.3632/11 2 submission that the dispute is of civil nature and so the prosecution cannot be sustained. It is too early to decide whether the dispute is only of civil nature. The case was pending before the learned Magistrate for the last two years. The case must have been taken or posted for trial. I find no reason to entertain this petition. It is accordingly dismissed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3632/11 3