Kerala High Court
Annamma Alexander vs State Of Kerala on 17 October, 2025
2025:KER:77506
Crl.RP Nos.3039 & 3059 of 2009
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
CRL.REV.PET NO. 3039 OF 2009
CC NO.1110 OF 1999 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,THIRUVALLA
REVISION PETITIONER/PETITIONER/ACCUSED NO.3:
T.G.ALEXANDER
S/O.GEORGE, THOTTUMUKATHU HOUSE, PNRA.P8, PRIYADARSHINI
JUNCTION, PANGUM MOODU,, THIRUVANANTHAPURAM.
BY ADV SRI.V.PHILIP MATHEWS
RESPONDENT/RESPONDENT:
1 STATE OF KERALA
REP.BY PUBLIC PROSECUTOR, HIGH COURT OF, KERALA,
ERNAKULAM.
2 ADDL.R2 ITTI JOHN
S/O JOHN, KARUVELIL HOUSE, NJAL BHAGOM MURI, KAVIYOOR
VILLAGE, PATHANAMTHITTA-689582. (ADDL.R2 IS IMPLEADED
AS PER ORDER DATED 07/02/2019 IN CRL.MA.01/2019)
SMT. MAYA M.N. (PP)
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 17.10.2025, ALONG WITH Crl.Rev.Pet.3059/2009, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:77506
Crl.RP Nos.3039 & 3059 of 2009
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
CRL.REV.PET NO. 3059 OF 2009
AGAINST THE ORDER/JUDGMENT DATED 10.09.2009 IN CC NO.1110 OF
1999 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,THIRUVALLA
REVISION PETITIONER/PETITIONER/ACCUSED NO.4
ANNAMMA ALEXANDER
THOTTUMUKATHU HOUSE, PNRA P8, PRIYARDARSHINI
JUNCTION,THIRUVANANTHAPURAM.
BY ADV SRI.V.PHILIP MATHEWS
RESPONDENT/RESPONDENT :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,, HIGH COURT OF
KERALA, ERNAKULAM.
2 ITTI JOHN
S/O. JOHN, KARUVELIL HOUSE, NJAL BHAGOM MURI, KAVIYOOR
VILLAGE, PATHANAMTHITTA - 689582 (ADDL. R2 INPLEADED
VIDE ORDER DATED 04.03.2020 IN CRL.M.A. 1/2020)
SMT. MAYA M.N. (PP)
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 17.10.2025, ALONG WITH Crl.Rev.Pet.3039/2009, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:77506
Crl.RP Nos.3039 & 3059 of 2009
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ORDER
Common Order dated 10.09.2009 of the Judicial First Class
Magistrate Court, Thiruvalla, disallowing the prayer of accused Nos.3
and 4 in C.C.No.1110/1999 for their discharge, is under challenge in
these revision petitions.
2. The aforesaid case relates to the commission of offence
under Sections 403, 406, 409, 420 and 120B of the Indian Penal Code,
1860.
3. The prosecution case is that the partnership firm by name
'Malayil Financiers', in which the petitioners were partners, collected
deposits from various persons offering high returns of interest, and
thereafter failed to pay back the interest or principal amount, and
thereby cheated the persons, who deposited money with them.
4. The contention of the petitioners is that they got retired
from the partnership firm on 30.04.1996, and that all the allegations
pertaining to the collection of the deposits from various persons are in
respect of a period of time, after the said date. Accordingly, the
petitioners contended that they are not liable to be fastened with the
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Crl.RP Nos.3039 & 3059 of 2009
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criminal liability of cheating, misappropriation, breach of trust etc., for
the offences took place after their retirement from the above firm as
partners. The learned Magistrate declined to accept the contentions in
the above regard stating the reason that all those aspects have to be
looked into at the stage of trial.
5. Heard the learned counsel for the petitioners and the
learned Public Prosecutor representing the State of Kerala.
6. It is obvious from the impugned common order passed by
the learned Magistrate that a copy of the decree of the Sub Court,
Pathanamthitta, in O.S.No.158/1999, declaring that the plaintiffs 1 to 3
in that suit, which include the petitioners herein, have no liability in
respect of the acts done by the Managing Partner and other partners of
Malayil Group of Financiers, after 30.04.1996, was produced before the
learned Magistrate, in support of the contention that they ceased to be
the partners of the aforesaid firm after 30.04.1996. So also, it is
apparent from the impugned order that the learned Magistrate had the
occasion to peruse the communication issued by the Registrar of Firms
stating that the petitioners herein had retired from the partnership firm
by name 'Malayil Financiers' on 30.04.1996. Still the learned Magistrate
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found that charge is liable to be framed against the petitioners stating
the reason that all those contentions about the retirement from the
partnership firm etc., are to be dealt with at the trial stage.
7. The reasoning of the learned Magistrate in the above
regard, cannot be accepted. It is pertinent to note that the nature of
the allegations in the aforesaid crime is that the petitioners, in their
capacity as partners of a partnership firm, involved in the business of
financing, had resorted to cheating and criminal breach of trust.
8. In such a case, it is the incumbent responsibility of the
prosecution to establish that the petitioners were actually responsible
for and in-charge of the conduct of the business of the aforesaid
partnership firm at the time when the offence was committed.
9. As far as the present case is concerned, it appears from
the impugned order of the Trial Court that the learned Magistrate had
the occasion to peruse a decree of the civil court, as well as the
communication issued by the Registrar of Firms, which revealed that
the petitioners retired from the aforesaid partnership firm long before
the commission of the offence, alleged in this case.
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10. That being so, there is absolutely no justification in saying
that the petitioners have to face prosecution for the commission of the
crime, which took place after they ceased to be the partners of the
firm, which allegedly misappropriated money of the depositors.
11. Therefore, the prayer of the petitioners for their discharge
from the criminal prosecution in C.C.No.1110/1999 on the files of the
Judicial First Class Magistrate Court, Thiruvalla, is fully justified.
In the result, these revision petitions stand allowed as follows:
1)The common order dated 10.09.2009, passed by the Judicial
First Class Magistrate Court, Thiruvalla, in Crl.M.P.No.1662/2009
and Crl.M.P.No.2132/2008 in C.C.No.1110/1999 on the files of
the the said court, is hereby set aside.
2)The accused Nos.3 and 4 in C.C.No.1110/1999 on the files of the
Judicial First Class Magistrate Court, Thiruvalla, are ordered to be
discharged from the criminal prosecution in that case.
sd/
G. GIRISH
JUDGE
jm/
