Kerala HC Dismisses Plea By MLA Mani Kappan Challenging Magistrate's Order Framing Charges Against Him For Alleged Criminal Breach Of Trust, Cheating

The Kerala High Court has dismissed the criminal revision petition filed by MLA Mani C Kappan against the order of a Special Judge framing charges against him for allegedly committing offences of cheating and criminal breach of trust. MLA Kappan currently represents the Pala constituency in Kerala.Justice C S Dias quashed the Revision Petition filed by MLA Kappan on finding that the Special Court only has to form a prima facie opinion as to whether there were sufficient grounds to proceed against the accused. The Court stated that the Special Court was not expected to appreciate the evidence on record and to conclude whether there were sufficient materials to proceed against the accused. “A reading of the impugned order would show that the learned Magistrate has applied his mind and arrived at a conclusion that there are grounds to presume that the accused has committed the above offences. Accordingly, the court below deemed it fit to frame charge against the revision petitioner”, stated the Court.Mani C Kappan approached the High Court aggrieved by the framing of charges against him by the Special Additional Chief Judicial Magistrate (for the trial of criminal cases against sitting and former MPs/MLAs of the State), Ernakulam. It was alleged that he committed offences punishable under Sections 406 (punishment for criminal breach of trust),417 (punishment for cheating) and 420 (cheating and dishonestly inducing delivery of property). It was alleged that the complainant Dinesh Menon had filed a complaint against MLA Kappan for allegedly borrowing money and failing to repay it. It was also alleged that the post-dated cheques given by the MLA were dishonoured. It was also alleged that property offered by the MLA as security was already given as collateral security to another bank. The case that was initially before the Judicial Magistrate of the First Class-VIII, Ernakulam was transferred to Special Court since the petitioner is a sitting MLA. Meanwhile, he had approached the High Court to quash the complaint which was dismissed. This order was challenged before the Supreme Court vide a Special Leave Petition (SLP(Crl) No.49775/2023) which was also dismissed. MLA Kappan alleged that the Special Court framed charges against him by a one-line order after hearing the parties. It was stated that the order issued by the Special Court was illegal and improper since no reasons were given in it. It was also argued that the contentions raised by the petitioner were not considered while framing the charges. On the other hand, the Public Prosecutor submitted that the High Court and the Apex Court dismissed his petitions filed to quash the proceedings initiated against him on finding that there were prima facie materials. The Court stated that the High Court and Apex Court had declined to quash proceedings initiated against him. It said, “This Court, after considering the rival submissions and the materials on record, concluded that there are prima facie materials to substantiate the petitioner's involvement in the crime. Accordingly, this Court declined to exercise its powers under Sec.482 of the Code and consequently, dismissed the petition.”The Court observed that the petitioner did not cross-examine the witnesses nor filed an application for discharge. Relying upon Apex Court decisions, the Court stated that the Special Court only had to form a prima facie opinion whilst framing charges and there was no need to delve deep into the probative value of the materials on record. “A reading of the above precedents on the point, undoubtedly establishes that the Court has to only form a prima facie opinion as to whether there are any sufficient grounds to proceed against the accused. The court is not expected to appreciate the evidence on record and then conclude whether the materials are sufficient or not for convicting the accused”, stated the Court. Accordingly, the Court dismissed the criminal revision petition. Citation: 2024 LiveLaw (Ker) 408Case Title: Mani C Kappan v State of Kerala & Other Case Number: Crl.Rev.Pet No. 631 Of 2024,Click here to read/download Order

Kerala HC Dismisses Plea By MLA Mani Kappan Challenging Magistrate's Order Framing Charges Against Him For Alleged Criminal Breach Of Trust, Cheating

Tellmy Jolly

Tags