Application filed under Section 482 of the Code of Criminal Procedure.
2. Petitioners, who are the accused in Crime No.1328 of 2014 of the Vizhinjam Police Station, registered for the offence punishable under Section 420 r/w Section 34 of the Indian Penal code, have come up under Section 482 of the Code of Criminal Procedure to get Annexure-I F.I.R and all further proceedings based on it against them, quashed.
3. The crime was registered on the basis of a complaint preferred by the de facto complainant alleging that she was made to deposit an amount of Rs.2,50,000/- in the suspense account of the Mulloor Rural Co-operative Society, Ltd. No.T- 1499 for providing an employment to her daughter-in-law. On such deposit, an employment was given to her daughter-in-law as a Clerk at the said Co-operative Society. The further allegation is that without returning the amount deposited, she was unnecessarily dismissed from the service with a view to Crl.M.C.No.6118 of 2014 2 appointing other persons in her place.
4. When the matter has come up before this court, the learned counsel for the petitioners had undertaken that the amount deposited by the de facto complainant would be returned. Complying with the undertaking, the amount was returned through a demand draft.
5. The learned counsel for the de facto complainant also submits that the amount has been received. According to him, simple interest alone was paid.
6. Heard the counsel for the petitioners, learned counsel for the de facto complainant and learned Public Prosecutor.
7. Learned Public Prosecutor has produced a detailed report of the investigating officer. It has been reported that in the investigation, the de facto complainant was removed from the party array and her daughter-in-law has been treated as the complainant at present. It has also been reported that the amount was deposited by the earlier de facto complainant by knowing fully well that she was not entitled to get any interest of the amount as the amount would remain in the suspense account. It seems that even then simple interest was given on the amount of Rs.2,50,000/-. According to the learned counsel Crl.M.C.No.6118 of 2014 3 for the de facto complainant, the Society ought to have paid compound interest, which is not a matter to be considered in this matter.
8. The F.I.R in this case states that the petitioners have committed cheating. At the same time, the complaint does not reveal any of the elements of cheating. Even though in the F.I.R it has been mentioned that they have cheated the de facto complainant, it does not disclose any of the offence of cheating. Even if the F.I.R as such is accepted as gospel truth, an offence under Section 420 of the Indian Penal Code, cannot be made out against the petitioners based on the present allegations.
9. Matters being so, this is a fit case wherein this court has to exercise the powers conferred on this court under Section 482 of the Code of Criminal Procedure to quash Annexure-I F.I.R and all further proceedings based on it.
In the result, this Crl.M.C. is allowed and Annexure-I F.I.R and all further proceedings based on it are quashed.
B.KEMAL PASHA, JUDGE.
AS