The petitioner herein is the accused in CC No.264/10 before the Judicial First Class Magistrate Court, Thalassery. Cognizance in the said case was taken by the learned Magistrate under Section 420 IPC on a complaint brought by one Surendran. The case of the complainant is that the accused received a huge amount from him under a promise of enormous benefits in a business scheme, but later the accused failed to make payment of profits, and thus withheld the amount of profits due to him. Pending the proceedings the complainant made an application to frame charge under Section 403 IPC, though he brought complaint under Section 420 IPC. The learned Magistrate examined the complainant as PW1 under Section 244 Cr.P.C. and proceeded to frame charge. On the basis of evidence adduced by the complainant under Section 244 Cr.P.C. the learned Magistrate found that the actual offence attracted is one under section 403 IPC, and not under Section 420 IPC. Thus, accepting the case of the complainant during the proceeding the learned Magistrate decided to frame charge under Section 403 IPC and directed the accused to appear in person to answer the charge. The said order dated 20.9.2014 is under challenge in this Crl.M.C. brought under Section 482 Cr.P.C. On hearing both sides and on a perusal of the impugned order, and also the allegations in the complaint, I find that the decision taken by the trial court is quite right. The elements brought out by the complainant in his evidence read along with the allegations in the complaint are that of criminal misappropriation of the amount due to the complainant by way of profits. His definite case is that huge amount was invested by him under a promise made by the accused that he will be given enormous benefits at a particular rate. But the accused failed to make payment as offered by him and withheld payment due to the complainant. If this is the allegation, I think, the trial court rightly found that the case will have to proceed under Section 403 IPC. I find nothing wrong or illegal in the decision taken by the trial court, to frame charge under Section 403 IPC. I find that decision was rightly taken to alter the charge to Section 403 IPC by the learned Magistrate.
In the result this Crl.M.C. is dismissed inlimine without being admitted to files.
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P.UBAID, JUDGE lmp //TRUE COPY// P.A. TO JUDGE