C.V.George vs State Of Kerala
2021 Latest Caselaw 6217 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       Crl.MC.No.3270 OF 2020(G)

AGAINST THE ORDER/JUDGMENT IN CMP 5940/2013 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -I, PUNALUR

          CRIME NO.1853/2013 OF ANCHAL POLICE STATION, KOLLAM


PETITIONERS/ACCUSED 1 & 2:

      1        C.V.GEORGE, AGED 57 YEARS
               S/O.VARKEY, CHERUKKUNNATHU HOUSE, MUDAVOOR KARA,
               VELLOREKUNNAM MUVATTUPUZHA,
               ERNAKULAM DISTRICT PIN-686 669.

      2        GEENA GEORGE, AGED 52 YEARS,
               W/O.C.V.GEORGE, CHERUKKUNNATHU HOUSE, MUDAVOOR KARA,
               VELLOREKUNNAM, MUVATTUPUZHA,
               ERNAKULAM DISTRICT PIN-686 669.

               BY ADV. SRI.ALIAS M.CHERIAN

RESPONDENTS/STATE & DEFACTO COMPLAINANT:

      1        STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM PIN-682 031..

      2        NAZEER, AGED 54 YEARS,
               S/O.UMMAR KANNU RAWTHER, PORENKODU HOUSE, THADIKKADU,
               ARAKKAL,
               KOLLAM DISTRICT, PIN-691 306.

               R2 BY ADV. SRI.TPM.IBRAHIM KHAN (SR.)
               R2 BY ADV. SMT.ANILA UMESH

               PUBLIC PROSECUTOR SRI.RAMESH CHAND

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD           ON
22.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.3270 OF 2020(G)      2




                            ORDER

Regarding the non payment of amount covered by

the last four invoices for the goods supplied by

the defacto complainant to the accused Nos.1 and 2,

who are the husband and wife, a criminal liability

under Sections 409 and 420 of IPC sought to be

extended by registering a crime and submitting a

final report. It appears that what is involved is

only a civil dispute regarding the non payment of

the amount covered by last four invoices. It will

not attract either the offence under Section 409 or

420 IPC. Hence, the FIR and the final report are

hereby quashed.

Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF CERTIFICATE OF REGISTRATION NO.72251 DATED 4/9/2007 IN THE NAME OF THE 1ST PETITIONER.

ANNEXURE A2 TRUE COPY OF LICENSE NO.C2-148/2012-13 DATED 10/8/12 IN THE NAME OF 1ST PETITIONER/VARKEY RUBBERS ISSUED BY THE AIKARAND GRAMA PANCHAYATH.

ANNEXURE A3 TRUE COPY OF SPECIAL LICENSE TO DEAL IN RUBBER IN NAME OF 1ST PETITIONER/VARKEY RUBBERS NO.1426048 DATED 21/9/2007 ISSUED BY THE RUBBER BOARD KOCH.

ANNEXURE A4 TRUE COPY OF PROCEEDINGS NO.A-324/05-06 DATED 12/09/2005 IN THE NAME OF THE 2ND PETITIONER /MARIAM RUBBERS ISSUED BY COMMERCIAL TAX OFFICER, PERUMBAVOOR.

ANNEXURE A5 TRUE COPY OF LICENSE NO.C2-144/2012-13 DATED 10/8/2012 IN THE NAME OF THE 2ND PETITIONER/MARIAM RUBBERS ISSUED BY ALIKARAND GRAMA PANCHAYATH.

ANNEXURE A6 TRUE COPY OF SPECIAL LICENSE TO DEAL IN RUBBER IN THE NAME OF 1ST PETITIONER/VARKEY RUBBERS NO.1423448 DATED 3/1/2005 ISSUED BY THE RUBBER BOARD KOCHI.

ANNEXURE A7 TRUE COPY OF INCOME TAX RETURN ACKNOWLEDGEMENT FOR THE ASSESSMENT YEAR 2011-12 DATED 02/09/2011 ALONG WITH THE BALANCE SHEET, PROFIT AND LOSS ACCOUNT OF THE FIRM/MARIAM RUBBERS.

ANNEXURE A8 TRUE COPY OF INCOME TAX RETURN ACKNOWLEDGEMENT FOR THE ASSESSMENT YEAR 2011-12 ALONG WITH THE BALANCE SHEET, PROFIT AND LOSS ACCOUNT OF THE FIRM/VARKEY RUBBERS.

ANNEXURE A9(A) TRUE COPY OF LEDGER ACCOUNT OF THE 2ND RESPONDENT MAINTAINED BY 1ST PETITIONER FOR THE FIRM MARIAM RUBBERS FOR THE FINANCIAL YEAR 2006-2007.

ANNEXURE A9(B) TRUE COPY OF LEDGER ACCOUNT OF THE 2ND RESPONDENT MAINTAINED BY 1ST PETITIONER FOR THE FIRM MARIAM RUBBERS FOR THE FINANCIAL YEAR 2007-2008.

ANNEXURE A9(C) TRUE COPY OF LEDGER ACCOUNT OF THE 2ND RESPONDENT MAINTAINED BY 1ST PETITIONER FOR THE FIRM MARIAM RUBBERS FOR THE FINANCIAL YEAR 2008-2009.

ANNEXURE A9(D) TRUE COPY OF LEDGER ACCOUNT OF THE 2ND RESPONDENT MAINTAINED BY 1ST PETITIONER FOR THE FIRM MARIAM RUBBERS FOR THE FINANCIAL YEAR 2009-2010.

ANNEXURE A9(E) TRUE COPY OF LEDGER ACCOUNT OF THE 2ND RESPONDENT MAINTAINED BY 1ST PETITIONER FOR THE FIRM MARIAM RUBBERS FOR THE FINANCIAL YEAR 2010-2011.

ANNEXURE A9(F) TRUE COPY OF LEDGER ACCOUNT OF THE 2ND RESPONDENT MAINTAINED BY 1ST PETITIONER FOR THE FIRM MARIAM RUBBERS FOR THE FINANCIAL YEAR 2011-2012.

ANNEXURE A10(A) TRUE COPY OF LEDGER ACCOUNT OF THE 2ND RESPONDENT MAINTAINED BY 1ST PETITIONER FOR THE FIRM VARKEY RUBBERS FOR THE FINANCIAL YEAR 2008-2009.

ANNEXURE A10(B) TRUE COPY OF LEDGER ACCOUNT OF THE 2ND RESPONDENT MAINTAINED BY 1ST PETITIONER FOR THE FIRM VARKEY RUBBERS FOR THE FINANCIAL YEAR 2009-2010.

ANNEXURE A10(C) TRUE COPY OF LEDGER ACCOUNT OF THE 2ND RESPONDENT MAINTAINED BY 1ST PETITIONER FOR THE FIRM VARKEY RUBBERS FOR THE FINANCIAL YEAR 2010-2011.

ANNEXURE A11 TRUE COPY OF C.M.P.NO.5940 OF 2013 FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PUNALUR

ANNEXURE A12 TRUE COPY OF FIR NO.1853 OF 2013 REGISTERED BY ANCHAL POLICE

ANNEXURE A13 TRUE COPY OF ORDER DATED 17/01/2014 IN CRL.M.C.NO.2 OF 2014, THE SESSION'S JUDGE, ERNAKULAM

ANNEXURE A14 TRUE COPY OF FINAL REPORT IN CRIME NO.1853 OF 2013 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, PUNALUR

RESPONDENTS ANNEXURES:NIL

//TRUE COPY//

P.A. TO JUDGE