IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 CRL.REV.PET.NO. 682 OF 2009() ---------------------------------------- CC.453/2008 OF CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY .................... REVN. PETITIONER(S): ACCUSED -------------------------------------------- P. RAMACHANDRAN, S/O. A. KUNHAMBU NAIR, ADUKATHIL HOUSE, PERIYA, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S) - CPMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI - 31. PUBLIC PROSECUTOR SHRI P.R. JAYAKRISHNAN THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. = = = = = = = = = = = = = = = = = = = = = = = = CRL. R.P. NO.682 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of August, 2009 O R D E R -------------- Challenge in this revision is against order passed by learned Judicial First Class Magistrate, Thalassery refusing to discharge petitioner. De facto complainant preferred a private complaint against petitioner alleging offence punishable under Section 420 of the Indian Penal Code (for short, “the IPC”). He stated that at a time when himself and petitioner were working abroad petitioner represented to him that he is the owner of Al-Sana bakery at Abu Dabi and promised to make de facto complainant a partner. De facto complainant believing the representation made by petitioner gave 61,500 Dirams to the petitioner on 1.1.2001. While so, petitioner closed down the bakery and returned to his native place. On 10.4.2007 de facto complainant demanded repayment of the amount at his house in Periya Village. On 5.7.2007 petitioner came to his house and delivered cheque dated 5.7.2007 which was presented for encashment through Vijaya Bank, Chattanchal, Kasargod but it was dishonoured for the reason that account was closed. Complaint was forwarded to the police for investigation. Police after investigation filed report alleging offence punishable under Sec.420 of the IPC. Petitioner sought his discharge under Section 239 of the Code of Criminal Procedure. CRL. R.P. No.682 of 2009 -: 2 :- Learned magistrate found that there is sufficient ground to proceed against petitioner. Hence this revision. It is contended by learned counsel that cheating alleged is regarding issue of cheque on closed account, there was no delivery of property at that time and hence prima facie allegation regarding cheating cannot stand. 2. I have heard Public Prosecutor and gone through the records. It is seen from the complaint preferred by the de facto complainant that the allegation of cheating is not merely confined to the issue and dishonour of the cheque. His case of cheating starts from the alleged false representation made by petitioner that he is the owner of Al-Sana bakery, Abu Dabi, offer made to the de facto complainant to make him a partner and receiving 61,500 Dirams on 1.10.2001. Alleged issuance of cheque which was later found to be on a closed account is the culmination of the alleged cheating, according to de facto complainant. I am therefore unable to accept the contention of petitioner that there is no ground to proceed against him. Revision petition is without any merit and the same is only to be dismissed. Revision Petition is dismissed. THOMAS P.JOSEPH, JUDGE. vsv