Kerala High Court
Sudeep vs State Of Kerala Represented By ... on 17 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
Crl.MC.No.3090 OF 2014(A)
AGAINST THE ORDER/JUDGMENT IN CC 235/2012 OF CHIEF JUDICIAL
MAGISTRATE COURT,KOLLAM
PETITIONER/4TH ACCUSED:
SUDEEP, S/O.VIJAYAKUMARAN PILLAI, DEVANGANA,
VIDHYA NAGAR -25A, KOTTAMUKKU, KOTTAIKKAKKAM WARD,
KOLLAM DISTRICT.
BY ADVS.
SRI.V.PHILIP MATHEW
SRI.GIBI.C.GEORGE
RESPONDENT/STATE:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, ERNAKULAM.
ADDL.R2 IMPLEADED..
*2 K. RAJASEKHARAN PILLAI @ RAJASEKHARAN
S/O KUTTAN PILLAI, AGED 60,
SREEVINAYAKAM
BHAVANA NAGAR-93,KADAPPAKADA
KOLLAM
(IMPLAEDED AS PER ORDER DATED 19/6/14 IN CRL.M.A
5547/14 IN CRL.M.C.3090/14)
R2 BY ADV. SRI.TK.KSASIKUMAR
R2 BY ADV. SRI.N.VIMALAN
PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.02.2021, ALONG WITH Crl.MC.4736/2015(E), THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Crl.MC.3090/2014, Crl.MC.4736/2015 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
Crl.MC.No.4736 OF 2015
AGAINST THE ORDER/JUDGMENT IN CC 235/2012 OF CHIEF JUDICIAL
MAGISTRATE COURT,KOLLAM
CRIME NO.1514/2011 OF KOLLAM EAST POLICE STATION, KOLLAM
PETITIONER/5TH ACCUSED:
SIJITH M.S, AGED 31 YEARS
S/O. SOBHANAN PILLAI, 10 B PEACH APARTMENT,
S.F.S. SIBER PALM, KARIMANAL POST OFFICE,
THIRUVANANTHAPURAM.
BY ADVS.
SRI.M.T.SURESHKUMAR
SMT.BHAVANA VELAYUDHAN
SRI.S.SANAL KUMAR
SMT.SMITHA PHILIPOSE
RESPONDENT/STATE:
STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA -682 031.
PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
17.02.2021, ALONG WITH Crl.MC.3090/2014(A), THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
Crl.MC.3090/2014, Crl.MC.4736/2015 3
ORDER
It is yet another case of massive financial
defraud committed by the accused persons under the
guise of a company constituted by themselves, by
which, deposits were received from various persons
under a handsome offer. Subsequently, the company
was wound up without returning the deposit. The
accused Nos.4 and 5 came up respectively in
Crl.M.C.Nos.3090/2014 and 4736/2015 for quashing
the FIR and the final report under Section 417,
409, 406, 420, 120 B IPC and under Section 45 1A of
Reserve Bank of India Act, 1934. Final report was
submitted without adhering to the provisions
contained in the Kerala Protection of Interests of
Deposits in Financial Establishment Act, 2013 ( for
short, KPID Act). The mere fact that the crime was
registered under Section 45 -1A would itself show
the application of KPID Act. It is also brought
to the notice of this Court that the competent
authority constituted under the KPID Act has not so
Crl.MC.3090/2014, Crl.MC.4736/2015 4
far exercised their jurisdiction to attach the
assets of Company, all its Directors and the
persons responsible for the malpractice. The
request for permitting to withdraw both the
applications cannot be sustained in view of the
seriousness of the offence alleged and non-action
on the part of the competent authority constituted
under the KPID Act and non-incorporation of penal
provisions under the said Act in the final report.
By reserving the right of investigation to submit a
supplementary report under Section 173(8) Cr.P.C.
in view of the application of KPID Act, the present
Crl.M.Cs. are hereby dismissed.
The Registry shall send a copy of this order to
the competent authority under the KPID Act so as to
enable them to initiate action under the provisions
of the said Act.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.3090/2014, Crl.MC.4736/2015 5
APPENDIX OF Crl.MC 3090/2014
PETITIONER'S/S ANNEXURES:
ANNEXURE 1 COPY OF THE FIR NO.1514 IN CRIME
NO.1514/2011
ANNEXURE 2 COPY OF FINAL REPORT IN CRIME NO.1514/2011
ANNEXURE 3 COPY OF THE INVENTORY DATED 14.12.2011
PREPARED BY THE ASSISTANT COMMISSIONER OF
POLICE, CRIME DETACHMENT, KOLLAM.
ANNEXURE 4 COPY OF FORM NO.32 DATED 6.6.2005 ISSUED BY
THE DEPUTY REGISTRAR OF COMPANIES
ANNEXURE 5 COPY OF FORM NO.32 DATED 6.6.2006 ISSUED BY
THE DEPUTY REGISTRAR OF COMPANIES
ANNEXURE 6 COPY OF THE JUDGEMENT DATED 8.11.2011
PASSED THIS HON'BLE COURT IN C.P NO.9/2011
ANNEXURE 7 COPY OF THE COMMUNICATION NO.37/39/04CL-VI
ISSUED BY GOVERNMENT OF INDIA, MINISTRY OF
COMPANY AFFAIRS, NEW DELHI.
ANNEXURE 8 COPY OF THE COMMUNICATION DATED 5.10.06
ISSUED BY THE UNDER SECRETARY, GOVERNMENT
OF INDIA, MINISTRY OF AFFAIRS ALONG WITH
NOTIFICATION NO.G.S.R 546 DATED 8.9.2006
ISSUED BY THE MINISTRY OF COMPANY AFFAIRS.
RESPONDENTS ANNEXURES:NIL
Crl.MC.3090/2014, Crl.MC.4736/2015 6
APPENDIX OF Crl.MC 4736/2015
PETITIONER'S/S ANNEXURES:
ANNEXURE A1 CERTIFIED COPY OF THE FIR AND FIS IN CRIME
NO.1514 OF 2011 OF KOLLAM EAST POLICE STATION
DATED 14-12-2011
ANNEXURE A2 CERTIFIED COPY OF THE FINAL REPORT DATED 25-10-
2012 IN CRIME NO.1514 OF 2011 OF KOLLAM EAST
POLICE STATION DATED
ANNEXURE A3 CERTIFIED COPY OF THE INVENTORY DATED 14-12-
2011 PREPARED BY THE ASSISTANT COMMISSIONER OF
POLICE, CRIME DETACHMENT, KOLLAM
ANNEXURE A4 TRUE COPY OF THE FORM 32 UNDER THE COMPANIES
ACT 1956 DATED 22-5-2015
ANNEXURE A5 TRUE COPY OF THE FORM 32 EVIDENCING THE
RESIGNATION OF THE PETITIONER FROM THE BUSINESS
BENEFIT COMPANY LIMITED DATED 22-5-2015
ANNEXURE A6 TRUE COPY OF THE FORM 32 EVIDENCING HIS
APPOINTENT DATED 22-5-2015
ANNEXURE A7 TRUE COPY OF THE FORM 32 EVIDENCING HIS
RESIGNATION FROM THE DIRECTOR BOARD DATED 22-5-
ANNEXURE A8 TRUE COPY OF THE JUDGMENT DATED 8-11-2011
PASSED BY THIS HON'BLE COURT IN C.P.NO.9/2011
ANNEXURE A9 TRUE COPY OF THE COMMUNICATION ISSUED BY THE
GOVERNMENT OF INDIA, MINISTRY OF COMPANY
AFFAIRS, NEW DELHI
RESPONDENTS ANNEXURES:NIL
//TRUE COPY//
P.A. TO JUDGE
