Accused sought quashing of a cheating and criminal breach of trust prosecution arising from an unpaid latex supply transaction. The court found the complaint allegations were purely financial, contradicted by the complainant's own plaint in a decreed civil suit, and quashed all further proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946 CRL.MC NO. 8131 OF 2017
CRIME NO.782/2012 OF VARANDARAPPALLY POLICE STATION, THRISSUR AGAINST THE ORDER/JUDGMENT DATED IN CC NO.757 OF 2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,IRINJALAKUDA PETITIONERS/ACCUSED 1 TO 3:
1 JAYAKRISHNAN
AGED 39 YEARS, RESIDING AT KRISHNA, KUNDUPARAMBA, EDAKKAD P.O., CALICUT-5, FORMERLY MANAGER MOOPLY ESTATE, M/S.HARRISONS MALAYALAM LTD., PALAPPILLY P.O., THRISSUR-680304.
2 SREEJAYAN AGED 48 YEARS, NOW RESIDING AT MOOPLY ESTATE, M/S.HARRISONS MALAYALAM LTD., PALAPPILLY P.O., THRISSUR-680304, PURCHASE OFFICER, MOOPLY ESTATE, M/S.HARRISONS MALAYALAM LTD., PALAPPILLY P.O., THRISSUR-680304.
3 RANJIT EMMATTY AGED 53 YEARS, NOW RESIDING AT APARTMENT NO.2F, WHITE WATERS, THEVARA, KOCHI-682013, FORMERLY SENIOR MANAGER AND NOW HEAD IR AND PR, M/S.HARRISONS MALAYALAM LTD., BRISTOW ROAD, WILLINGDON ISLAND, COCHIN-682003.
BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM
RESPONDENTS/COMPLAINANT & STATE:
1 BENNY.K.KORAH AGED 53 YEARS, SON OF K.P.KORAH, KAROTTU PUTHENPURAKKAL HOUSE, PAMPADY, S.N.PURAM P.O.,
Crl.M.C. No.8131 of 2017
2
KOTTAYAM-686502.
BY ADV. SRI.V.N.SUNIL KUMAR
SRI.RENJITH.T.R, SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08.07.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.8131 of 2017
3
P.V.KUNHIKRISHNAN, J.
Crl.M.C. No.8131 of 2017
---------------------------------------------Dated this the 08th day of July, 2024
O R D E R
This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).
Crl.M.C. No.8131 of 2017
4
petitioners sold the latex supplied by the complainant without his knowledge and have caused loss to the tune of Rs.47,00,603/- to the complainant. According to the petitioners, even if the entire allegations are accepted, no offence under Sections 120 (B), 406 and 420 IPC is made out.
Crl.M.C. No.8131 of 2017
5
submitted that there is no allegation to the effect that the petitioners have sold latex supplied by the 1st respondent and misappropriated the money. The only allegation in Annexure-C is that without any valid reason the company withheld the payment. It is also alleged that the company raised a contention that the supplied latex was not in conformity with their standard as it did not have the required dry rubber content. It is also averred that the defendant company made a payment of Rs.28,67,000/- on 25.09.2012 and the balance amount of Rs.15,70,921/- is outstanding. It is submitted that the entire allegation leveled against the petitioners in Annexure-A complaint is baseless in the light of Annexure-C plaint. It is also submitted that the defendants in the suit filed Annexure-D written statement. Therefore, it is submitted that in the light of the pleadings in the
Crl.M.C. No.8131 of 2017
6
suit by the 1st respondent, the prosecution against the petitioners are unsustainable.
the petitioners and the learned Public Prosecutor.
Crl.M.C. No.8131 of 2017
7
eCourt service website that Annexure-C plaint is already decreed. If that be the case, I am of the considered opinion that the continuation of Annexure-B proceedings is not necessary.
Therefore, this Criminal Miscellaneous case is allowed, quashing all further proceedings as against the petitioners in C.C.No.757/2013 on the file of the Judicial First Class Magistrate Court - I, Irinjalakuda arising from Crime No.782/2012 of Varandarapilly
Police Station.
Sd/P.V.KUNHIKRISHNAN JUDGE
DM
Crl.M.C. No.8131 of 2017
8
APPENDIX OF CRL.MC 8131/2017
PETITIONER ANNEXURES
ANNEXURE A- TRUE COPY OF THE COMPLAINT IN C.C.NO.753/2013 ON THE FILES OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT IRINJALAKUDA.
ANNEXURE B- TRUE COPY OF THE FINAL REPORT AND CHARGE SHEET SUBMITTED BY THE CIRCLE INSPECTOR OF POLICE PUDUKKAD POLICE STATION DATED 31/12/2012 AGAINST THE PETITIONERS.
ANNEXURE C- COPY OF THE PLAINT RECEIVED FROM THE COURT DATED 18/12/2013 NUMBERED AS O.S.NO.641/2013 ON THE FILES OF SUBORDINATE JUDGES COURT IRINJALAKUDA.
ANNEXURE D-
COPY OF THE WRITTEN STATEMENT AND AFFIDAVIT DATED 06/10/2014 FILED BY M/S.HARRISONS MALAYALAM LTD AND OTHER DEFENDANTS IN O.S.NO.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the criminal prosecution for offences under Sections 120(B), 406 and 420 IPC should be quashed where the civil suit pleadings over the same latex transaction are contradictory to the final rep
3 provisions across 2 enactments
Jayakrishnan
Sreejayan
Ranjit Emmatty
Benny K. Korah
State of Kerala
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
