Allowed

Aneesh Sreenivasan, v. State of Kerala

Kerala HC11 Nov 2020Crl.MC/8283/2018

Case brief

AI extract

What is this about?

The Kerala High Court quashed an FIR alleging cheating against an accused who was the legal manager for an insurance company operator. The court held that after the award amount was paid and recovery proceedings withdrawn, proceeding further served no purpose.

What did the court decide?

The Criminal Miscellaneous Case (Crl.MC.No.8283 of 2018(E)) and the underlying FIR are quashed and allowed.

Aneesh Sreenivasan, Vs State of Kerala — Contract and Commercial Disputes | Kerala HC (2020)

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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 P.SOMARAJAN

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WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942

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Crl.MC.No.8283 OF 2018(E)

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CRIME NO.816/2018 OF Kattappana Police Station , Idukki

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PETITIONER/ACCUSED NO.2:

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ANEESH SREENIVASAN, AGED 32 YEARS S/O.SREENIVASAN, ASHAS, T.C.17/732A, CHITHRA NAGAR, POOJAPPURA, THIRUVANANTHAPURAM DISTRICT, WORKING AS THE LEGAL MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., MAHESH ESTATE, GROUND FLOOR, VAZHUTHACAUD, THIRUVANANTHAPURAM.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS/STATE/DEFACTO COMPLAINANT AND 1ST ACCUSED:

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1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031.

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2 STATION HOUSE OFFICER, KATTAPPANA POLICE STATION, IDUKKI DISTRICT- 685584.

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3 KURIAN PHILIPOSE, S/O.PHILIPOSE, POUKAYIL HOUSE, KALTHOTTI P.O., LABBAKKADA, IDUKKI DISTRICT- 685584.

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4 THE MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., KANNANKERY ESTATE, 3RD FLOOR, MARINE DRIVE, SHANMUGHAM ROAD, ERNAKULAM, KOCHI- 682031.

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R1 & R2 BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR R3 BY ADV. SRI.S.SUNIL MAURYAN

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No.8283 OF 2018(E)

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ORDER

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The FIR registered against accused Nos.1 and

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2 alleging offence under Section 420 r/w Section 34 IPC is brought under challenge by the accused No.2, the Legal Manager of accused No.1, an Insurance Company. It is in connection with a written statement submitted in a claim petition before the MACT, Attingal, by which the accused No.2 pleaded that there is no valid policy due to the dishonour of cheque submitted by owner of the vehicle towards insurance premium. In fact, the cheque was encashed, but it was not noticed by the Legal Manager. Subsequently the entire amount covered by the award paid by the Insurance Company and revenue recovery proceedings initiated against the owner of the vehicle was withdrawn. It is submitted that it is only a mistake on the part of the Legal Manager and it will not constitute any offence as alleged. Since the matter is over by payment of the entire award amount, it will not serve any purpose, if

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Crl.MC.No.8283 OF 2018(E)

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it is proceeded further, hence quashed.

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The Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

SPV

Crl.MC.No.8283 OF 2018(E)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1	TRUE COPY OF THE COMPLAINT OF THE 3RD RESPONDENT BEFORE THE DISTRICT POLICE CHIEF, IDUKKI.
ANNEXURE A2	CERTIFIED COPY OF FIR IN CRIME NO.816/2018 OF KATTAPPANA POLICE STATION.
ANNEXURE A3	TRUE COPY OF THE POLICY COVER NOTE FOR THE VEHICLE OF THE 3RD RESPONDENT.
ANNEXURE A4	TRUE COPY OF THE NOTICE ISSUED FROM THE ICICI LOMBARD GENERAL INSURANCE COMPANY LTD DATED 16.02.2017.
ANNEXURE A5	TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT ISSUING ANNEXURE A4 NOTICE.
ANNEXURE A6	TRUE COPY OF THE STATUS OF CHEQUES IN THE RECORDS OF THE ICICI LOMBARD GENERAL INSURANCE COMPANY LTD.
ANNEXURE A7	TRUE COPY OF THE AWARD OF MACT, ATTINGAL IN O.P(MV)NO.1172/2007 DATED 28.11.2015.
ANNEXURE A8	TRUE COPY OF THE REVENUE RECOVERY NOTICE UNDER SECTION 7 OF RR ACT ISSUED TO THE 3RD RESPONDENT.
ANNEXURE A9	TRUE COPY OF I.A.NO.8098/2018 IN O.P. (MV)NO.1172/2007.
ANNEXURE A10	TRUE COPY OF THE ACCOUNT STATEMENT OF THE 3RD RESPONDENT WITH FEDERAL BANK, KATTAPPANA BRANCH FROM 10.03.2016 TO 07.08.2007.
ANNEXURE A11	TRUE COPY OF THE APPOINTMENT LETTER OF THE PETITIONER.
ANNEXURE A12	TRUE COPY OF THE ORDER OF THE MACT, ATTINGAL DATED 23.10.2018.
ANNEXURE A13	TRUE COPY OF THE INTIMATION OF MACT, ATTINGAL DATED 01.11.2018.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Aneesh Sreenivasan, v. State of Kerala

Case brief

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Aneesh Sreenivasan, v. State of Kerala

Case brief

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