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
........................
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
...................................................
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
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
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
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
