Kerala High Court
George Sebastian @ Kunju vs State Of Kerala Represented By The ... on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
Crl.MC.No.849 OF 2016(E)
AGAINST THE ORDER/JUDGMENT IN CC 374/2015 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, ETTUMANUR
CRIME NO.1263/2010 OF ETTUMANOOR POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED:
GEORGE SEBASTIAN @ KUNJU,
AGED 62 YEARS,
S/O.VARKEY PROPRIETOR, ALENCHERY FINANCIERS,
PADINJARUBHAGAM KARA, ATHIRAMPUZHA VILLAGE,
ATHIRAMPUZHA P.O., KOTTAYAM-686 562.
BY ADVS.
SRI.K.SHAJ
SRI.SAJJU.S
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682 031.
2 ANILKUMAR, AGED 45 YEARS,
S/O.KUMARAN, KUNNATHUPARAMBIL VEEDU,
MANNANAM KARA, ATHIRAMPUZHA VILLAGE,
MANNANAM P.O., KOTTAYAM-686 561.
R2 BY ADVS. SRI.E.N.VISHNU NAMBOODIRI
SRI.P.SANKARAN NAMPOOTHIRI
SRI.P.REJINARK
SRI.NARAYANAN P POTTY
SRI.M.K.SASEENDRAN (MELEL)
PUBLIC PROSECUTOR SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
09.02.2021, ALONG WITH Crl.MC.4790/2016(G), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.MC.849/2016, Crl.MC.4790/2016 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
Crl.MC.No.4790 OF 2016
AGAINST THE ORDER/JUDGMENT IN CC 973/2012 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, ETTUMANOOR
CRIME NO.102/2011 OF ETTUMANOOR POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED:
ANILKUMAR, AGED 45 YEARS, S/O.KUMARAN,
KUNNATHUPARAMBIL VEEDU, MANNANAM KARA, ATHIRAMPUZHA
VILLAGE, MANNAM P O, KOTTAYAM-686561.
BY ADVS.
SHRI.E.N.VISHNU NAMBOODIRI
SRI.P.SANKARAN NAMPOOTHIRI
SRI.P.REJINARK
SRI.NARAYANAN P POTTY
SRI.M.K.SASEENDRAN (MELEL)
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
2 GEORGE SEBASTIAN @ KUNJU
AGED 62 YEARS, S/O.VARKEY, PROPRIETOR, ALENCHERY
FINANCIERS, PADINJARUBHAGAM KARA, ATHIRAMPUZHA
VILLAGE, ATHIRAMPUZHA P O, KOTTAYAM-686562.
R1-2 BY ADV. SRI.SAJJU.S
R1 BY ADV. SRI.K.SHAJ
PUBLIC PROSECUTOR SRI.M.R.DHANIL
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
09.02.2021, ALONG WITH Crl.MC.849/2016(E), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.MC.849/2016, Crl.MC.4790/2016 3
ORDER
Crime was registered under Sections
403,409,415 and 420 IPC on the allegation of non-
return of gold ornaments pledged with the
financier. Inter alia, it was contended by the
financier that what was pledged, except three
items, were only imitation gold ornaments. It is
a matter to be proved. Misappropriation of gold
ornaments entrusted/pledged without notice to the
defacto complainant would attract the offence
alleged. Hence Crl.M.C. is dismissed.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.849/2016, Crl.MC.4790/2016 4
APPENDIX OF Crl.MC 849/2016
PETITIONER'S/S ANNEXURES:
ANNEXURE-A1 THE TRUE COPY OF THE COMPLAINT FILED BY THE
2ND RESPONDENT AS CMP NO.3629/2010 BEFORE
THE JFCMC, ETTUMANOOR.
ANNEXURE-A2 THE COPY OF THE FIR IN CRIME NO.1263/2010
OF ETTUMANOOR POLICE STATION
ANNEXURE-A3 THE COPY OF THE FINAL REPROT IN CRIME
NO.1263/2010 OF ETTUMANOOR POLICE STATION
ANNEXURE-A4 THE CERTIFIED COPY OF THE COMPLAINT FILED
BY THE 2ND RESPONDENT
ANNEXURE-A5 THE TRUE COPY OF THE SUMMONS ISSUED IN CC
374/2015 FROM THE COURT OF JFCMC,
ETTUMANOOR.
ANNEXURE-A6 THE TRUE COPY OF THE LICENCE ISSUED BY THE
DEPARTMENT OF COMMERCIAL TAXES.
ANNEXURE-A7 THE TRUE COPY OF THE STATEMENT OF ACCOUNTS
FILED BY THE PETITIONER BEFORE THE
ASSESSING OFFICER, KOTTAYAM.
ANNEXURE-A8 THE TRUE COPY OF THE ADVOCATE NOTICE DATED
14/12/2010 ISSUED BY THE 2ND RESPONDENT TO
THE PETITIONER
ANNEXURE-A9 THE TRUE COPY OF THE FIR IN CRIME
NO.102/2011 OF ETTUMANOOR POLICE STATION
ALONG WITH THE COMPLAINT FILED BY THE
PETITIONER
ANNEXURE-A10 THE TRUE COPY OF THE SEIZURE MAHAZAR
PREPARED BY THE INVESTIGATING OFFICER
SEIZING THE GOLD PLEDGED BY THE 2ND
RESPONDENT
ANNEXURE-A11 THE TRUE COPY OF THE SEIZURE MAHAZAR
PREPARED BY THE INVESTIGATING OFFICER
SEIZING THE LEDGER
ANNEXURE-A12 THE TRUE COPY OF THE FINAL REPORT IN CC
973/2012 FROM THE COURT OF JFCMC,
ETTUMANOOR.
ANNEXURE-A13 THE TRUE COPY OF THE PLAINT IN OS
NO.307/2010 IN THE COURT OF THE MUNSIFF,
Crl.MC.849/2016, Crl.MC.4790/2016 5
ETTUMANOOR
ANNEXURE-A14 THE TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE PETITIONER IN OS NO.307/2010
IN THE COURT OF MC, ETTUMANOOR
ANNEXURE-A15 THE TRUE COPY OF THE JUDGMENT DATED
6/12/2012 OF THE MUNSIFF COURT, ETTUMANOOR
IN OS NO.307/2010
RESPONDENTS ANNEXURES:NIL
//TRUE COPY//
P.A. TO JUDGE
Crl.MC.849/2016, Crl.MC.4790/2016 6
APPENDIX OF Crl.MC 4790/2016
PETITIONER'S/S ANNEXURES:
ANNEXURE 1 TRUE COPY LAWYER NOTICE DTD 14/12/1010
ANNEXURE 2 TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER IN CC NO 374/2015
ANNEXURE 3 TRUE COPY OF THE PLAINT IN OS NO 307/2010
ANNEXURE 4 TRUE COPY OF THE WRITTEN STATEMENT DTD
27/9/2011
ANNEXURE 5 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
JUDICIAL FIRST CLASS MAGISTRATE
COURT,ETTUMANOOR.
ANNEXURE 6 TRUE COPY OF THE FIR IN CRIME NO 102/2011
ANNEXURE 7 CERTIFIED COPY OF THE CHARGE SHEET IN CRIME
NO 102/2011 OF ETTUMANOOR POLICE STATION,
ANNEXURE 8 TRUE COPY OF THE STATEMENT RECORDED BY THE
INVESTINGATING OFFICER.
ANNEXURE 9 TRUE COPY OF THE STATEMENT OF CW2 ONE AISHA
TAKEN UNDER SECTION 162 OF CRPC
ANNEXURE 10 TRUE COPY OF THE STATEMENT OF CW10 RECORDED
UNDER 161 OF THE CR.P.C BY THE
INVESTIGATION OFFICER
RESPONDENTS ANNEXURES:NIL
//TRUE COPY//
P.A. TO JUDGE
