Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 CRL.MC NO. 10936 OF 2023 CRIME NO.535/2017 OF Kaliyar Police Station, Idukki AGAINST THE ORDER/JUDGMENT DATED IN CC NO.16 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I (FOREST OFFENCES), THODUPUZHA PETITIONER/3RD ACCUSED:
NEIL LLOYD JAMES.R AGED 51 YEARS C/O. RAMASAMY, 3/565, P2, NATHANIEL CASE, COSMO VILLAGE, RATHANA ENCLAVE, NAVAYOOR PIRIVU SOMAYAMPALAYAM, COIMBATORE, TAMILNADU, PIN - 641046 BY ADVS. N.K.SHYJU GIREESH PANKAJAKSHAN VISHNU MOHAN SAHLA NECHIYIL ATHIRA PADMENDHU RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 SRI. T.R. RANJITH (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.10936 OF 2023 2 ORDER Dated this the 25th day of March 2024 Petitioner is the 3rd accused in C.C.No.16 of 2019 before Judicial First Class Magistrate Court-I (Forest Offences), Muttom, Thodupuzha, arising out of Crime No.535 of 2017 of Kaliyar Police Station, Idukki.
2.
The prosecution alleges that the 1st accused had forged certain documents, claiming that he runs a company having GST registration No.33BHPRO898UZO, and using the forged documents, he issued a purchase order for buying one tonne of cardamom from the defacto complainant’s company, and collected cardamom worth Rs.14,17,500/-, and issued a cheque for the said amount, which subsequently dishonoured due to insufficient funds, and thereby the accused persons together committed the offences alleged under Sections 468, 471 and 420 r/w Section 34 of IPC.
3.
Sri.N.K.Shyju, learned counsel for the
Crl.M.C.No.10936 OF 2023 3 petitioner contended that the prosecution allegations are totally false, and the petitioner has no involvement at all in the said crime. It was further submitted that there are no materials that can implicate any involvement of the petitioner, and despite such absence, the Investigating Officer has, with malafide intentions, arrayed the petitioner as an accused, and therefore the power under Section 482 of Cr.P.C. ought to be invoked to quash the proceedings, as otherwise petitioner would be put to great prejudice.
4.
Sri.T.R.Ranjith, learned Public Prosecutor, contended that the allegations in the final report clearly indicate that the petitioner and the other accused had took possession of the cardamom from the defacto complainant, and handed over a cheque for Rs.14,17,500/-, signed by the 1st accused, knowing that the cheque would be dishonoured on its presentation.
Learned Public Prosecutor further pointed out that CW8 had spoken of certain incidents connecting the 3rd accused, which itself would primafacie indicate his
Crl.M.C.No.10936 OF 2023 4 involvement, and therefore the power under Section 482 of Cr.P.C. ought not to be invoked.
5.
The case is of the year 2019. The petitioner has sought to invoke the jurisdiction under Section 482 of Cr.P.C. only in 2023, that too when the case was about to be scheduled for trial.
6.
The allegations in the final report indicate the involvement of the petitioner. Whether those allegations are true or not, is a matter to be decided after adducing evidence in trial. As far as the invocation of the power under Section 482 of Cr.P.C. is concerned, since witnesses have been arrayed, who have given statements, apparently indicating the involvement of the petitioner, this Court is of the view that this is not a fit case where the jurisdiction under Section 482 of Cr.P.C.
can be invoked.
Therefore, I find no merit in this Crl.M.C., and it is dismissed. However, it is clarified that the observations made in this order are purely for the
Crl.M.C.No.10936 OF 2023 5 purpose of this proceeding under Section 482, and the same shall have no bearing in the trial of the case.
Sd/- BECHU KURIAN THOMAS JUDGE SSK/25/03
Crl.M.C.No.10936 OF 2023 6 APPENDIX OF CRL.MC 10936/2023 PETITIONER ANNEXURES Annexure I CERTIFIED COPY OF THE FINAL REPORT IN CC NO.16/2019, PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, MUTTOM, THODUPUZHA Annexure II A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 535/2017 OF KALIYAR POLICE STATION IDUKKI DISTRICT, DATED 28/9/17 Annexure III A TRUE COPY OF THE FIRST INFORMATION STATEMENTS DATED 28/9/17 OF THE DEFACTO COMPLAINANT Annexure III(a) A TRUE COPY OF THE FIRST INFORMATION STATEMENT DATED 29/9/2017 OF THE DEFACTO COMPLAINANT Annexure IV A TRUE COPY OF THE STATEMENT OF CW2 DATED 28/9/2017 Annexure IV(a) A TRUE COPY OF THE STATEMENT OF CW3 DATED 29/9/2017 Annexure V A TRUE COPY OF THE REPORT DATED 7/10/2017 OF SUB INSPECTOR OF POLICE, KALIYAR POLICE STATION RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE