Kerala High Court
K.J.James vs Riyas on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:67919
CRL.MC NO. 6863 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 6863 OF 2024
CRIME NO.1832/2013 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.687 OF 2015 OF
JUDICIAL FIRST MAGISTRATE COURT, KOTHAMANGALAM
....................................
PETITIONER/3RD ACCUSED :
K.J.JAMES, AGED 70 YEARS
S/O. JOSEPH, RESIDING AT KANJIRATHINMOODU HOUSE,
NEAR NSS COLLEGE, PUZHAVATHU,
CHANGANASSERY TALUK, KOTTAYAM DISTRICT- 686 101.
BY ADV AYSHA ABRAHAM
RESPONDENT/COMPLAINANT/STATE :
1 RIYAS, AGED 41 YEARS
S/O. IBRAHIM, RESIDING AT KUNNUMPURATHU HOUSE,
NELLIKKUZHY P.O., COMPANYPADI,
ERAMALLOOR VILLAGE, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PIN - 686 691.
2 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
SRI.C.N.PRABHAKARAN, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 6863 OF 2024
2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.6863 of 2024
...................................................
Dated this the 6th day of September, 2024
ORDER
Petitioner challenges the proceedings in C.C.No.687/2015 pending before
the Judicial First Class Magistrate Court-I, Kothamangalam, in so far as
he has been arrayed as the third accused. The prosecution alleges that
the accused had cheated the de facto complainant of a large amount of
money during the period 08.06.2013 to 21.09.2013 and thereby
committed the offences under Sections 406, and 420 r/w Section 34 of
the Indian Penal Code, 1860.
2. The issue relates to subscription to a chitty managed by a company by
the name M/s. Apple Tree Chits India Pvt. Ltd. The de facto complainant
and others are alleged to have remitted amounts towards the chitty and
thereafter the accused failed to return the amounts and thereby
committed the offences alleged.
3. I have heard Smt.Ayshamma Abraham, the learned counsel for the
petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
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4. The petitioner has been roped in as an accused on the allegation that he
was 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 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.
5. It is apposite in this context to refer to the orders of this Court in
Crl.M.C.No.5918 of 2017 and Crl.M.C.No.7774 of 2018 wherein, in
similar situations, the cases against the petitioner were quashed by this
Court, after noticing that there was no evidence to link the petitioner
with the company or with the offence alleged.
6. 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
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him either with the company or with the offences alleged. A notice
issued as an advertisement by some stranger, cannot mulct the petitioner
with criminal liability, that too for the acts of a private limited
company. In such circumstances, I am of the view that the proceeding
against the petitioner in C.C.No.687/2015 pending before the Judicial
First Class Magistrate Court-I, Kothamangalam, is an abuse of the process
of the court.
7. Accordingly, the proceeding against the petitioner in C.C.No.687/2015
pending before the Judicial First Class Magistrate Court-I,
Kothamangalam, is hereby quashed.
The Crl.M.C.is allowed as above.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/07/09/2024
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CRL.MC NO. 6863 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 THE CERTIFIED COPY OF FIR NO.1832/2013 DATED
09-10-2013 OF THE KOTHAMANGALAM POLICE
STATION
ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO.1832/2013 OF THE KOTHAMANGALM POLICE
STATION
ANNEXURE A3 THE TRUE COPY OF THE MEMORANDUM AND ARTICLES
OF ASSOCIATION OF M/S APPLE TREE CHITS INDIA
PVT.LTD DATED 06-05-2008
ANNEXURE A4 THE TRUE COPY OF ORDER DELETING THE
PETITIONER FROM THE ARRAY OF ACCUSED IN CC
NO.1194/2015 DATED 21-10-2016 OF JUDICIAL
FIRST CLASS MAGISTRATE-III, NEYYATTINKARA
ANNEXURE A5 THE TRUE COPY OF THE ORDER DELETING THE
PETITIONER FROM THE ARRAY OF ACCUSED IN CC
NO.1195/2015 OF JUDICIAL FIRST CLASS
MAGISTRATE-III, NEYYATTINKARA DATED
21-10-2016
ANNEXURE A6 THE TRUE COPY OF THE ORDER DELETING THE
PETITIONER FROM THE ARRAY OF ACCUSED IN CC
NO.1196/2015 OF JUDICIAL FIRST CLASS
MAGISTRATE-III, NEYYATTINKARA DATED
21-10-2016
ANNEXURE A7 THE TRUE COPY OF THE ORDER IN CRL.MC
NO.2868/2019 DATED 01-04-2024 OF THE HON'BLE
HIGH COURT OF KERALA
