Disposed

Raveendranathan Prabha v. Enforcement Officer

Kerala HC12 Jan 2018Crl.MC/133/2018

Case brief

AI extract

What is this about?

This criminal miscellaneous case involved proceedings against a petitioner as a Director for non-payment of dues under the Employees Provident Fund Act. The court dismissed the argument that resignation absolved him of liability for the pre-resignation period and noted that the status of an Independent Director requires factual proof. The matter was disposed of with liberty to raise contentions be

What did the court decide?

Disposed with liberty to raise contentions before the trial court at an appropriate stage.

Raveendranathan Prabha Vs Enforcement Officer — Corruption | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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FRIDAY, THE 12TH DAY OF JANUARY 2018 / 22ND POUSHA, 1939

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Crl.MC.No. 133 of 2018

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ST 626/2016 of CHIEF JUDICIAL MAGISTRATE COURT PALAKKAD.

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PETITIONER/ ACCUSED NO 3.

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RAVEENDRANATHAN PRABHA,

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S/O.KUNHUKRISHNAN RAVINDRANATHAN, AGED 68 YEARS, RESIDING AT 18/1065, THINKAL, ARAMADA P.O., THIRUVANANTHAPURAM-695 032.

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BY ADV.SRI.T.R.RAVI.

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RESPONDENTS/DEFACTO COMPLAINANT & STATE

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1 ENFORCEMENT OFFICER

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EMPLOYEES PROVIDENT FUNDS "RAM ARCADE", SECOND FLOOR,

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CHANDRANAGAR, PALAKKAD-678 001.

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2 STATE OF KERALA

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REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.

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R1 BY DR. ABRAHAM P.MEACHINKARA, SC. R2 BY PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12-01-2018 ALONG WITH CRIMINAL MISC. CASE 137/2018 AND CRIMINAL MISC. CASE 138/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Hr.....

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Crl.MC.No. 133 of 2018

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APPENDIX

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PETITIONER(S)' EXHIBITS

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ANNEXURE	I TRUE COPY OF ST 626/16 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE , PALAKKAD
ANNEXURE	II TRUE COPY OF SEBI DIRECTIVES OF 2004.
ANNEXURE	III TRUE COPY OF RELEVANT PAGES OF ANNUAL REPORT OF 2010-11.
ANNEXURE	IV TRUE COPY OF CLARIFICATION ISSUED BY GOVT. OF INDIA ON 25/3/2011.
ANNEXURE	V TRUE COPY OF FORM SUBMITTED BEFORE REGISTRAR OF COMPANIES.

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RESPONDENT(S)' EXHIBITS

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NIL

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// TRUE COPY// P.S TO JUDGE.

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Hr....

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B.KEMAL PASHA, J.

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Cr.M.C.Nos.133, 137 and 138 of 2018

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Dated this the 12^th day of January, 2018

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O R D E R

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Styling the petitioner as one of the Directors of the Company, he has been proceeded against and prosecution proceedings have been initiated for the non payment of the dues under the Employees Provident Fund Act (for short, 'the Act').

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The main argument forwarded by the learned counsel for the petitioner is that he had resigned from the company on 2.6.2013 and therefore, he could not be proceeded against for the non payment of the dues under the Act by that company. In these cases, the period, for which the claim has been forwarded by the Enforcement Officer, are with regard to the period prior to the resignation of the petitioner. Therefore, the said argument is not legally sustainable.

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Another argument forwarded by the learned counsel for the petitioner is that he was only an independent

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Cr.M.C.Nos.133, 137 and 138 of 2018 : 2 :

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Director and he could not be proceeded against for non payment of dues of the company since an independent Director is not in charge of the day to day affairs of the company. It is a question of fact which has to be proved through evidence. Merely by styling himself as an independent Director, it cannot be said that he should be absolved from the liability. These arguments have to be taken before the court below at appropriate stage. Matters being so, these Crl.M.C.s are disposed of with liberty to the petitioner to take up these contentions before the trial court at appropriate stage.

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Sd/-

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B.KEMAL PASHA JUDGE

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Bb/12/1/2018

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[True copy]

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P.A to Judge

Raveendranathan Prabha v. Enforcement Officer

Case brief

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Raveendranathan Prabha v. Enforcement Officer

Case brief

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