Kerala High Court
K.J.James vs Mr.Ranjumon.K.J on 11 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
CRL.MC NO. 2866 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1020 OF 2016 OF JUDICIAL
MAGISTRATE OF FIRST CLASS, RANNI
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PETITIONER/3RD ACCUSED :
K.J.JAMES, AGED 63 YEARS
S/O JOSEPH, RESIDING AT KANJIRATHINMOODU HOUSE,
NEAR NSS COLLEGE, PUZHAVATHU,
CHANGANASSERY TALUK,
KOTTAYAM DISTRICT
BY ADVS.
SMT.AYSHA ABRAHAM
SMT.ANUPA DAS
SRI.S.SARATH PRASAD
RESPONDENTS/COMPLAINANT & STATE :
1 MR.RANJUMON.K.J., AGED 30 YEARS
S/O JOSEPH GEORGE,
RESIDING AT KUZHIKKATTUPARAMBIL HOUSE,
ARAYANJILIMON KUTHAMURI, KOLLAMULA VILLAGE,
RANNI TALUK, PATHANAMTHITTA DISTRICT 686 511.
2 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL(K/963/2009)
R.RAJESH (VARKALA)(K/78/2000)
SAMEER M NAIR(K/000481/2017)
GEETHU KRISHNAN(K/001199/2021)
SAILAKSHMI MENON(K/1518/2021)
SRI.NOUSHAD K.A., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2866 OF 2019
2
BECHU KURIAN THOMAS, J
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Crl.M.C. No.2866 of 2019
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Dated this the 11th day of April, 2024
ORDER
Petitioner challenges the proceedings in C.C.No.1020 of 2016 pending before the Judicial First Class Magistrate's Court, Ranni, in so far as he has been arrayed as the first accused. The prosecution alleges that the accused (4 in number) had cheated the defacto complainant and committed criminal breach of trust and thereby committed the offences under Sections 420 r/w Section 34 of the Indian Penal Code, 1860.
2. I have heard Sri.Yashwanth Shenoy, duly instructed by Smt.Ayshamma Abraham, the learned counsel for the petitioner as well as Sri.Noushad.K.A, the learned Public Prosecutor.
3. The petitioner has been roped in as an accused on the allegation that he is the Chairman of M/s. Apple Tree Chits India Pvt. Ltd.. Strangely, there are no materials produced by the prosecution to indicate that petitioner is in any way connected with the said company. The only material referred to by the prosecution is a CRL.MC NO. 2866 OF 2019 3 notice issued regarding the inauguration of one of the branches of the aforementioned company. Reference to a name in a notice cannot be a link that connects a person with a private limited company. In the absence of any document appointing the petitioner as the Chairman or as the person in charge of the affairs of the company, petitioner can remain only as a stranger to the company.
4. It is apposite in this context to refer to the orders of this Court in Crl.M.C.No.2864/2019 and Crl.M.C.No.2868/2019 wherein, in similar situations, the cases against the petitioner were quashed by this Court, after noticing that there was no evidence to connect the petitioner with the company or with the offence alleged.
5. On a perusal of the final report in the instant case, this Court notices that except for a bald allegation that petitioner is the Chairman of M/s. Apple Tree Chits India Pvt. Ltd., there is nothing on record to connect him either with the company or with the offences alleged. A notice issued as an advertisement by some stranger, cannot mulct the petitioner with a criminal liability, that too for the acts of a private limited company. In such circumstances, I am of the view that the proceedings against the CRL.MC NO. 2866 OF 2019 4 petitioner in C.C.No.1020 of 2016 pending before the Judicial First Class Magistrate's Court, Ranni, is an abuse of the process of the court.
6. Accordingly, the proceeding against the petitioner in C.C.No.1020 of 2016 pending before the Judicial First Class Magistrate's Court, Ranni, is hereby quashed.
The Crl.M.C.is allowed as above.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/11/04/2024 CRL.MC NO. 2866 OF 2019 5 APPENDIX OF CRL.MC 2866/2019 PETITIONER ANNEXURES ANNEXURE A1 CERTIFIED COPY OF THE PRIVATE COMPLAINT CMP NO 1231/2015 ALONG WITH FIR IN CRIME NO 103 OF 2015 FILED BY THE 1ST RESPONDENT BEFORE THE JFMC RANNI ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT IN CRIME 103/2015 OF VECHOOCHIRA POLICE ALONG WITH ADDITIONAL STATEMENT OF 1ST RESPONDENT ANNEXURE A3 TRUE COPY OF THE MEMORANDUM AND ARTICLES OF ASSOCIATION OF M/S APPLE TREE CHITS INDIA PVT LTD.
ANNEXURE A4 TRUE COPY OF THE ORDER DELETING THE PETITIONER FROM THE ARRAY OF ACCUSED IN CC NO 1194 OF 2015 OF JUDICIAL FIRST CLASS MAGISTRATE-III, NEYYATTINKARA ANNEXURE A5 TRUE COPY OF THE ORDER DELETING THE PETITIONER FROM THE ARRAY OF ACCUSED IN CC NO 1195 OF 2015 OF JUDICIAL FIRST CLASS MAGISTRATE-III, NEYYATTINKARA ANNEXURE A6 TRUE COPY OF THE ORDER DELETING THE PETITIONER FROM THE ARRAY OF ACCUSED IN CC.NO 1196 OF 2015 OF JUDICIAL FIRST CLASS MAGISTRATE-III, NEYYATTINKARA TRUE COPY