Kerala High Court
Krishnadas vs State Of Kerala on 22 January, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:5952
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 22ND DAY OF JANUARY 2025/2ND MAGHA, 1946
CRL.MC NO. 10438 OF 2024
CRIME NO.1758/2014 OF PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD
AGAINST THE ORDER/JUDGMENT IN LP NO.41 OF 2024 OF CHIEF JUDICIAL
MAGISTRATE PALAKKAD
PETITIONER/2ND ACCUSED IN LP 41/2024:
KRISHNADAS,
AGED 41 YEARS
CHENTHAMARAKSHAN E.T, THUPPALI VEEDU,
ETHANNUR, P.O, KODUVAYOOR, PALAKKAD,
PIN - 678502
BY ADVS.
MANSOOR ALI
BIJITH S.KHAN
RESPONDENTS/COMPLAINANT AND 1ST ACCUSED IN LP 41/2024:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 MUHAMMED SAFFI,
S/O ABDUL REHMAN, SKA HOUSE, PUDUNAGARAM P.O., PALAKKAD, PIN
- 678503
3 BETTIL CHEERAN,
AGED 45 YEARS, S/O THAMPI CHEERAN,
AGED 45, CHEERAN HOUSE, KARIMBA P.O.,
PUTHUKKAD, PALAKKAD, PIN - 678597
SMT. PUSHPALATHA. M.K, SR.PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 10438 OF 2024
2
2025:KER:5952
ORDER
Dated this the 22nd day of January, 2025
Petitioner is the accused in C.C No. 253 of 2018
pending on the files of the Chief Judicial Magistrate
Court, Palakkad. The case originated from Crime No.
1758 of 2014 registered at the Palakkad Town South
Police Station against the petitioner and two others for
offences punishable under Sections 465, 467, 468 and
471 read with Section 34 of the Indian Penal Code. On
filing of final report, the case was numbered as C.C 129
of 2016 on the files of the Chief Judicial Magistrate
Court, Palakkad. While so, the 1 st accused approached
this Court challenging the proceedings against him and
as per Annexure A11 order dated 11.01.2018 in Crl.M.C
No. 5451 of 2016, proceedings against the 1 st accused
was quashed. As the other accused failed to appear
before the trial court on posting dates, the case against
them was included in the long pending register.
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Thereafter, petitioner surrendered in Court and was
granted bail. The case was thereupon re-numbered as
C.C No. 253 of 2018. The petitioner is seeking to get
the proceedings against him quashed on the strength of
Annexure A11 order passed in the case of the 1 st
accused.
2. The crime was registered on the
allegation that, after purchasing a vehicle from the
brother of the de facto complainant, petitioner made the
seller sign certain documents, by making him believe
that the documents are meant for transferring the
ownership of the vehicle. The signed documents were
utilized for availing vehicle loan from the Shriram
Transport Finance Company Limited, of which the 1 st
accused was the Manager and petitioner, Field Executive.
The loan fell in default and arbitration proceedings were
initiated against the seller.
3. Learned Counsel for the petitioner
contended that the complaint is filed with the objective
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of wriggling out of the liability of repaying the loan
amount. Referring to the findings in Annexure A11
order, it is submitted that the de facto complainant was
a guarantor to the vehicle loan and the allegations to the
contrary are patently false.
4. I heard the learned Public Prosecutor
also.
5. In Annexure A11 order, this Court
referred to the final report and held that the 2 nd
respondent was acting as the guarantor for the
transaction and, as such, the crime registered at his
instance has no legal basis. The available records also
reveal that the 2nd respondent had stood as guarantor
for loan availed by the 3rd respondent.
6. In that view of the matter and quashing
of the proceedings against the 1 st accused, continuance
of the proceedings against the petitioner will be an
exercise in futility.
In the result, the Crl.MC is allowed. Annexure
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A9 final report in Crime No. 1758 of 2014 of the
Palakkad Town South Police Station and all further
proceedings in L.P No. 41 of 2024 on the files of the
Chief Judicial Magistrate Court, Palakkad, as against the
petitioner, are quashed.
Sd/-
V.G.ARUN
JUDGE
ARK
CRL.MC NO. 10438 OF 2024
2025:KER:5952
APPENDIX OF CRL.MC 10438/2024
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE LOAN CUM HYPOTHECATION
AGREEMENT, DATED 17-6-2011
ANNEXURE A2 A TRUE COPY OF THE POWER OF ATTORNEY SO
EXECUTED BY THE COMPANY SECRETARY ON 16-4-
ANNEXURE A3 THE NAME AND ADDRESS OF THE ARBITRATOR WAS
ALSO INDICATED IN THE NOTICE. A TRUE COPY OF
THE NOTICE DATED 20-1-2014
ANNEXURE A4 A TRUE COPY OF A.C NO.33 OF 2014 BEFORE THE
ARBITRATOR
ANNEXURE A5 A TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD
RECEIVED BACK BY THE ARBITRATOR ON 4-4- 2014
EVIDENCING SERVICE OF NOTICE OF THE
ARBITRATION CASE ON RESPONDENT NO.2
ANNEXURE A6 A TRUE COPY OF THE AWARD, DATED 30-6-2014,
PASSED BY THE ARBITRATOR
ANNEXURE A7 A TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD
RECEIVED BACK BY THE ARBITRATOR ON 13-7-2014
EVIDENCING SERVICE OF THE NOTICE OF AWARD ON
RESPONDENT NO.2
ANNEXURE A8 A TRUE COPY OF FIR NO.1758/2014 REGISTERED ON
1-12-2014 BY THE PALAKKAD TOWN POLICE STATION
ALONG WITH THE COMPLAINT FILED BY RESPONDENT
NO.2
ANNEXURE A9 THE TRUE COPY OF THE FINAL REPORT DATED 1-12-
2014 SUBMITTED BY THE PALAKKAD TOWN POLICE
STATION IN LP 41/2024 IN CC 59/2018 OF THE
CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD
ANNEXURE A10 A TRUE COPY OF THE STATEMENT OF ACCOUNTS FOR
THE PERIOD ENDING ON 20-7-2016 WITH REGARD TO
THE LOAN ACCOUNT OF RESPONDENTS 2 AND 3 IS
PRODUCED
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ANNEXURE A11 THE SAME WAS ALLOWED BY THIS HONBLE COURT.
THE TRUE COPY OF THE ORDER IN CRL.MC
5451/2016 DATED 11.01.2018
ANNEXURE A12 THE TRUE COPY OF THE COMPUTER-GENERATED COURT
STATUS OF CC 59/2018 OF THE CHIEF JUDICIAL
MAGISTRATE COURT, PALAKKAD DATED 03.12.2024
ANNEXURE A13 TRUE COPY OF THE COMPUTER-GENERATED
PROCEEDINGS CC/253/2018 OF CHIEF JUDICIAL
MAGISTRATE COURT PALAKKAD DATED 23.12.2024
ANNEXURE A14 THE TRUE COPY OF THE CASE STATUS OF THE
COMPUTER-GENERATED PROCEEDINGS IN CC/253/2018
CHIEF JUDICIAL MAGISTRATE COURT PALAKKAD
DATED 30.12.2024
