Non-payment of mobile bills not cheating: Kerala High Court

KOCHI: Bringing a relief to mobile phone customers who are dragged into criminal cases by operators, the Kerala High Court observed that non-payment of mobile bills cannot be considered cheating. It is merely a case of breach of trust or agreement and does not fall under the purview of a criminal offence, the court said. Justice T V Anil Kumar issued the order while allowing the petition filed by P V Abdul Hakkem of Vyttila in Ernakulam seeking to quash an FIR registered by Ernakulam Town South Police station.

According to the prosecution, the petitioner, after having obtained a mobile postpaid connection in his name, failed to pay the bills for a period of five months from July 21, 2006 to November 21, 2006. The mobile company alleged the petitioner incurred a gross monetary liability of Rs 97,678 for the period and after making part payment of Rs 10,580, he kept the balance in arrears. The prosecution said the default amounted to cheating, punishable under Section 420 of IPC.