Kerala High Court
K.J. James vs State Of Kerala on 3 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:73360
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
CRL.MC NO. 1731 OF 2024
CRIME NO.848/2014 OF NEDUMKANDAM POLICE STATION, IDUKKI
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.349 OF 2019 OF
JUDICIAL MAGISTRATE OF FIRST CLASS, NEDUMKANDOM
PETITIONER/3RD ACCUSED:
K.J. JAMES
AGED 59 YEARS
S/O. JOSEPH,
RESIDING AT KANJIRATHINMOODU HOUSE,
NEAR NSS COLLEGE, PUSHAVATHU,
CHANGANASSERY TALUK,
KOTTAYAM DISTRICT, PIN - 686101
BY ADVS.
A.N.SATHISH KUMAR
K.S.PRAVEEN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 SAJEEV KUMAR
AGED 45 YEARS
S/O PARAMESWARAN NAIR,
KADUVAMAL HOUSE,
NEDUMKANDAM KARA, KALKOONTHAL VILLAGE,
IDUKKI DISTRICT, PIN - 685553
BY ADV. C.N. PRABHAKARAN (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 22.02.2024, THE COURT ON 03.10.2024 PASSED THE FOLLOWING:
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Crl.M.C. No.1731 of 2024
-:2:-
BECHU KURIAN THOMAS, J.
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Crl.M.C. No.1731 of 2024
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Dated this the 3rd day of October, 2024
ORDER
Petitioner is the 3rd accused in C.C.No.349/2019 on the files of
the Judicial First Class Magistrate Court, Nedumkandom. The offences
alleged against the petitioner and two other accused are under Section
420 r/w Section 34 of the Indian Penal Code, 1860.
2. According to the prosecution, the 2nd respondent/de facto
complainant had subscribed to a chitty managed by a Company by name
'Apple Tree Chits India Pvt. Ltd.' [for short, 'the Company']. The accused is
alleged to have collected large amounts of money from CWs 1 to CW 9
towards the chitty and thereafter failed to return the amount or pay the
amounts due under the chitty and instead wound up the chitty business,
making unlawful gain to themselves and corresponding loss to the defacto
complainant and other witnesses. Petitioner is arrayed as the 3rd accused
in the aforesaid crime on the allegation that he was the Chairman of the
Company.
3. Sri. A.N.Sathish Kumar, the learned counsel for the petitioner
submitted that petitioner is not the Chairman of the company nor has he
any connection with the said company. According to the learned counsel,
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the chit fund business having been conducted by a Company, only those
who are directly involved in the business could be arrayed as an accused
and that in the final report, the Police have not even been able to produce
any evidence to indicate a direct link between the petitioner and the chit
fund business or with the Company. It was further submitted that the
continuation of the prosecution against the petitioner is an abuse of the
process of court.
4. Sri.C.N.Prabhakaran, the learned Public Prosecutor, on the
other hand, submitted that the petitioner had projected himself to be the
Chairman of the Company and that the final report itself specified the
notices published where the petitioner was mentioned as the Chairman. It
was submitted that in view of the evidence adduced, petitioner could not
wriggle out of his liability, especially when the allegations have been
raised and substantiated during investigation. It was further pointed out
that, in any event it is a matter for evidence during trial and the petitioner
cannot invoke the inherent jurisdiction of this Court under Section 482 of
the Code of Criminal Procedure, 1973.
5. I have considered the rival contentions.
6. Annexure-D is an order dated 21.10.2016 in C.C.No.1194/2015
while Annexure-E is an order dated 21.10.2016 in C.C.No.1195/2015 and
Annexure-F is an order of the same date in C.C.No.1196/2015 of the
Judicial Magistrate of First Class-III, Neyyatinkara. It is pertinent to note
that in all the aforementioned cases, petitioner was arrayed as the 3rd
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accused, wherein the Investigating Officer has filed supplementary final
report after conducting further investigation, on the basis of which the
proceedings against the 3rd accused therein, i.e., the petitioner herein,
was dropped.
7. In a judgment dated 10.04.2019 in Crl.M.C.No.7774/2018, this
Court had quashed cases on similar set of facts, after finding that
petitioner had nothing to do with the conduct of the business of the
company. While rendering the aforesaid judgment, this Court had taken
note of the lack of materials to connect the petitioner with the crime
committed by the remaining accused or the Company as the case may be.
8. In the absence of any evidence to show a direct link with the
act alleged to be an offence, no person can be mulcted with a criminal
liability. The final report produced as Annexure-C, does not specify
anything to connect the petitioner with the conduct of business. The
prosecution has not brought out any material to connect the petitioner
with the Company.
9. In the absence of material legally available to connect the
petitioner with the conduct of the chit fund business of the Company or
that conducted by accused Nos.1 and 2, the proceeding in
C.C.No.349/2019 on the files of the Judicial First Class Magistrate Court,
Nedumkandom, as against the petitioner is liable to be quashed.
10. Hence, the proceeding in C.C.No.349/2019 on the files of the
Judicial First Class Magistrate Court, Nedumkandom as against the
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petitioner - the third accused is quashed.
The criminal miscellaneous case is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/03.10.24
2024:KER:73360
PETITIONER'S ANNEXURES
Annexure A TRUE COPY OF THE CMP NO.8466/2014 BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE COURT,
NEDUMKANDAM DATED 21/10/2014.
Annexure B TRUE COPY OF THE FIR DATED 22/10/2014.
Annexure C TRUE COPY OF THE FINAL REPORT DATED
06/06/2019 BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, NEDUMKANDAM.
Annexure D TRUE COPY OF THE ORDER DATED 21/10/2016 IN
CC NO.1194/2015 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-III, NEYYATTINKARA.
Annexure E TRUE COPY OF THE ORDER DATED 21/10/2016 IN
CC NO.1195/2015 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-III, NEYYATTINKARA.
Annexure F TRUE COPY OF THE ORDER DATED 21/10/2016 IN
CC NO.1196/2015 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-III, NEYYATTINKARA.
Annexure G TRUE COPY OF THE MEMORANDUM OF THE M/S
APPLE TREE CHITS INDIA PRIVATE LIMITED.
Annexure H TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 10/04/2019 IN CRL.MC
NO.7774/2018.
Annexure I TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 13/07/2022 IN CRL.MC
NO.5918/2017.
