[Cites 1, Cited by 0]
Kerala High Court
Prasanth Sundara Rajan vs State Of Kerala on 27 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 2319 OF 2026 1 2026:KER:27721
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
CRL.MC NO. 2319 OF 2026
CRIME NO.304/2011 OF Pazhayannur Police Station, Thrissur
AGAINST THE ORDER DATED 06.09.2024 IN CRRP NO.108 OF 2022 OF
ADDITIONAL DISTRICT COURT & SESSIONS COURT -IV, THRISSUR / III
ADDITIONAL MACT/RENT CONTROL APPELLATE AUTHORITY, THRISSUR ARISING
OUT OF THE ORDER/JUDGMENT DATED IN CMP 1213/2022 IN CC NO.384 OF
2019 OF SPECIAL COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE,
THRISSUR FOR THE TRIAL OF CASES UNDER THE PRIZE CHITS AND MONEY
CIRCULATION SCHEME (BANNING) ACT, 1978
PETITIONERS/REVISION PETITIONER/10TH ACCUSED :
PRASANTH SUNDARA RAJAN
AGED 41 YEARS
S/O LATE SUNDARA RAJAH, FLAT.NO. 502, BHAVANI SAKTHI
HOMES, RAJIV NAGAR, YUSAF GUDA, HYDERABAD - 500045,
PERMANENT ADDRESS H.NO. 6-48/1, SIVALAYAM VEEDI, PEDDA
BAZAAR, INKOLLU, PRAKASAM DISTRICT, ANDRA PRADESH -
523167 CURRENTLY RESIDING AT FLAT NO. 5085, ESTANCIA
TOWERS, VALLANCHERY, GUDUVANCHERY, CHENNAI, TAMILNADU,
PIN - 603202
BY ADV SRI.RAJIT
RESPONDENT/STATE :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
CRL.MC NO. 2319 OF 2026 2 2026:KER:27721
2 DETECTIVE INSPECTOR OF POLICE
CBCID EOW -II, ERNAKULAM SUB UNIT IN
CR.741/CR/EOW-II/KTM/2011 (CR. 304/2011 OF PAHZAYANNUR
POLICE STATION), PIN - 682031
OTHER PRESENT:
PP.SRI.M.P.PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.03.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2319 OF 2026 3 2026:KER:27721
C.S.DIAS,J
--------------------------------------------
CRL.MC NO. 2319 OF 2026
---------------------------------------------
Dated this the 27th day of March, 2026
ORDER
The petitioner is the 10th accused in C.C.No.384/2019
on the file of the Special Additional Chief Judicial Magistrate
Court, Thrissur, which arises from Crime No.1937 of 2011
registered by the Pazhayannur Police Station, Thrissur,
against the accused persons alleging them to have
committed the offences punishable under Sections 120 B,
406 and 420 r/w Section 34 of the Indian Penal Code, 1860
and Sections 4, 5 and 6 of the Price Chits and Money
Circulation Scheme (Banning) Act, 1978.
2. The gist of the prosecution case is that, the 4 th
accused is Managing Director of the accused 1 to 3
Companies, the accused 5 to 13 are the Directors of the
above companies and accused 14 to 16 are its Promotional
Shareholders. The 1st accused Company was incorporated on
CRL.MC NO. 2319 OF 2026 4 2026:KER:27721
12.07.2007. The 2nd accused company was incorporated on
01.01.2010 as 'Nano Power Corporation Ltd'. But, its name
was changed to 'Nano Excel Corporation Ltd' on 26.02.2010.
The 3rd accused Company was incorporated on 01.11.2012
for promoting the businesses of the accused 1 and 2
Companies. The accused persons had influenced people
through advertisement and deceived them to invest money
by promising to pay high profits. However, the accused
persons had failed to pay the profits and thus cheated the
depositors.
3. The petitioner asserts that the materials produced
by the Investigating Agency substantiate that he was not the
Director of the Company. Even though the petitioner has
filed Crl.M.C to quash the entire proceedings against him, by
Annexure B order, this Court disposed of the Crl.M.C by
permitting the petitioner to move an application for
discharge before the Trial Court, in absentia of the
petitioner. Pursuant to Annexure B order, the petitioner had
filed an application for discharge before the Trial Court.
CRL.MC NO. 2319 OF 2026 5 2026:KER:27721
However, the Trial Court dismissed the said application. The
petitioner challenged the said order by filing
Crl.R.P.No.108/2022 before the Revisional Court. But, by
Annexure - D order, the revision petition was dismissed
confirming the dismissal order passed by the Trial Court.
Annexure - D order passed by the Revisional Court is
erroneous and improper.
4. In a case of an identical nature, by Annexure - E
order, this Court set aside the the order passed by the
Revisional Court and directed the Revisional Court to
reconsider the revision petition after considering all the
relevant aspects in the application for discharge. The
petitioner is entitled to a similar relief in the present case
also.
5. Heard; the learned Counsel for the petitioner and
the learned Public Prosecutor.
6. The materials on record substantiate that, by
Annexure - B order, this Court permitted the petitioner to
file an application for discharge in the above crime.
CRL.MC NO. 2319 OF 2026 6 2026:KER:27721
However, the said application was dismissed and the
petitioner challenged the said order in a revision petition.
Nonetheless, by Annexure - D order, the Revisional Court
had also dismissed the revision petition confirming the order
passed by the Trial Court. In a case of a similar nature, in
connection with the very same transaction, the petitioner
had filed Crl.M.C.No.8643 of 2024 before this Court. By
Annnexure E order, this Court allowed the Crl.M.C, in view
of the fact that there was only a omnibus finding in the
impugned order that the petitioner was the Director during
the relevant period. Furthermore, the Revisional Court had
failed to make any reference to the other materials on
record, and particularly the fact that the bank account of the
company was opened one month after the petitioner's
resignation.
7. On an over all consideration of the facts and the
materials on record, especially the findings in Annexure B
order passed by this Court, I am of the definite view that the
petitioner is entitled to the benefit of the finding in Annexure
CRL.MC NO. 2319 OF 2026 7 2026:KER:27721
- D order in this case also.
Accordingly, I allow the Crl.M.C, by setting aside
Annexure - D order and directing the IVth Additional
Sessions Court, Thrissur, to reconsider Crl.R.P.No.108/2022,
in accordance with law and as expeditiously as possible.
Sd/-
C.S.DIAS, JUDGE
SCB.27.03.26.
CRL.MC NO. 2319 OF 2026 8 2026:KER:27721
APPENDIX OF CRL.MC NO. 2319 OF 2026
PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE ORDER DATED 15.12.2015
PASSED BY THIS HON'BLE COURT IN
Annexure B A TRUE COPY OF THE ORDER DATED 17.10.2017
PASSED BY THIS HON'BLE COURT IN
Annexure C A TRUE COPY OF THE COMMON ORDER DATED
30.09.2022 PASSED BY THIS HON'BLE COURT IN
CRL.MP.NO. 1213/2022 IN C C NO.384/2019 OF
THE LEARNED SPECIAL CHIEF JUDICIAL MAGISTRATE
COURT, THRISSUR
Annexure D THE CERTIFIED COPY OF THE ORDER DATED
06.09.2024 IN CRL.R.P NO.108/2022 BEFORE THE
LEARNED IV ADDITIONAL SESSION COURT, THRISSUR
Annexure E A TRUE COPY OF THE ORDER DATED 16.12.2024 IN
CRL.MC NO. 8643/2024 OF THIS HON'BLE COURT
Annexure F A TRUE COPY OF ORDER DATED 04.07.2025 IN
CRL.MP NO. 3214/2025 IN CRL RP NO.54/2022 OF
THIS HON'BLE IV ADDITIONAL SESSIONS JUDGE,
THRISSUR
Annexure G A TRUE COPY OF THE ORDER DATED 16.10.2025 IN
CRL.MC NO. 8817/2025 OF THIS HON'BLE COURT
