The Kerala High Court on Friday dismissed Pala MLA Mani C. Kappan’s plea seeking quashing of a cheating case lodged against him on the complaint of a Mumbai-based businessman.
According to Dinesh Menon’s complaint, Mr. Kappan had defrauded him by not paying ₹2 crore borrowed from him in 2010, in addition to ₹25 lakh. When the complainant insisted on repayment, Mr. Kappan persuaded her to enter into an agreement in 2013, promising to repay the dues of ₹2.25 crore, including ₹25 lakh (already paid) on two different dates. paid) was involved and expressed confidence in him. by furnishing security in the form of immovable property and also issued four cheques. The complainant stated that when the checks were sent for collection, they got dishonoured. He also alleged that the property offered as security for the amount was mortgaged.
The court observed that whether the allegations were true or not is a matter which can be decided only after appreciating the evidence. Offenses under sections 406 (criminal breach of trust), 417, and 420 (cheating) of the Indian Penal Code (IPC) were made out of the complaint and therefore the cognizance for the offenses committed by the Judicial First Class Magistrate Court-VIII, Ernakulam is legal and proper Was.