Kerala High Court quashes cheating against advocate Saiby Jose Kidangoor

The Kerala High Court on Thursday quashed a cheating case registered against the former president of the Kerala High Court Advocates' Association (KHCAA), advocate Saiby Jose Kidangoor [Saiby Jose Kidangoor v State of Kerala & Ors.]..The first information report (FIR) was registered after one Basil James filed a complaint alleging that Kidangoor had, on December 15, 2013, took ₹5 lakh from him after promising to give him a beneficial position in some matrimonial cases in which Kidangoor was James’s wife’s counsel.In the complaint filed on February 13 this year, James alleged that Kidangoor didn’t keep the promise nor give his estranged wife the money offered.Justice Raja Vijayaraghavan V quashed the FIR taking note of the fact that the complaint was lodged 10 years after the incident allegedly took place which also coincided with the time that a different crime was registered against Kidangoor. “Having considered the facts of the instant case in the light of the principles laid above, I have no doubt in my mind that the allegations are vexatious and frivolous and made only to spite the petitioner. In that view of the matter, I hold that the continuance of the criminal proceedings against the petitioner would result in an abuse of process. In view of the discussion above, I am of the considered opinion that the petitioner is entitled to succeed in this petition,” the High Court said in its judgment..After James filed his complaint with the police, Kidangoor was charged with offences punishable under Sections 406, 420 and 506 of the Indian Penal Code (IPC), leading to the present petition to quash the case against him.Kidangoor argued that after he was elected as KHCAA president, some of his disgruntled opponents had manipulated James and persuaded him to lodge the complaint. He also alleged that James's father had some personal animosity against him. After hearing arguments by all parties including the complainant, the Court opined Kidangoor's version of events seemed more plausible. Moreover, the 10-year-delay in filing the complaint would mean that it is barred by limitation, the Court said. Finding the allegations to be baseless, the Court allowed Kidangoor's petition and quashed the FIR registered against him. .In January this year, Kidangoor came under the scanner for allegedly fleecing large sums of money from his clients under the pretext of using it to bribe some judges of the Kerala High Court.An FIR was registered against Kidangoor in the case and the petition filed by him to quash the FIR is pending before the High Court.It is amidst this controversy that Kidangoor stepped down as President of the KHCAA after having been elected to the post in Deccember 2022. .Saiby Jose Kidangoor was represented by Senior Advocate S Sreekumar and advocates MR Nanadakumar, Babu S Nair and P Martin Jose.The State authorities and Basil James were represented by Senior Public Prosecutor TR Ranjith..[Read Order]