Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 15TH DAY OF NOVEMBER 2023 / 24TH KARTHIKA, 1945 CRL.MC NO. 9463 OF 2023 CRIME NO.928/2022 OF Thoppumpady Police Station, Ernakulam PETITIONER/ACCUSED 1 TO 6:
1 KASAL INDIA PVT LIMITED, (NON-BANKING FINANCIAL COMPANY, AGED 67 YEARS 38/1885, BEHIND KENDRIYA VIDHYALAYA, MAVELI ROAD, KADAVANDRA, KOCHI, REPRESENTED BY IT'S MANAGING DIRECTOR, K BALACHANDRAN NAIR, S/O. KRISHNA PILLAI, THAMATH HOUSE, PURAKKAD P.O, AMBALAPPUZHA, ALAPPUZHA., PIN - 688561 2 K BALACHANDRAN NAIR, AGED 67 YEARS S/O. KRISHNA PILLAI, THAMATH HOUSE, PURAKKAD P.O, AMBALAPPUZHA, ALAPPUZHA., PIN - 688561 3 JOJO, AGED 38 YEARS, S/O LOUIS, RESIDING AT KARIPPAI HOUSE, OKKAL. P.O, CHELAMATTOM, ERNAKULAM DISTRICT ., PIN - 683550 4 HARIKUMAR NAIR, AGED 58 YEARS S/O. KRISHNA PILLAI, THAMATH HOUSE, PURAKKAD P.O, AMBALAPPUZHA, ALAPPUZHA DISTRICT., PIN - 688561 5 C.P AUGUSTINE, AGED 70 YEARS S/O LATE. PAULOSE, RESIDING AT 34/2380 A, CHUNGATH HOUSE, ARA-163, ALPHIYA NAGAR, SOUTH KALAMASSERY VILLAGE, ALUVA, ERNAKULAM DISTRICT., PIN - 683104 6 GEORGE MATHEW, AGED 52 YEARS S/O LATE. MATHEW, RESIDING AT 34/2380 A, PAVANA HOUSE, MANGATTU ROAD, PALARIVATTOM. P.O, ERNAKULAM DISTRICT., PIN - 682025 BY ADV P.T.SHEEJISH
Crl.MC 9463/2023 2 RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031 2 DR.SUBIN PAUL JACOB S/O JACOB, 16/475, KAZHUTHUMUTTU HOUSE, THOPPUMPADY ERNAKULAM CITY KERALA., PIN - 682002 OTHER PRESENT:
SRI MP PRASANTH, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC 9463/2023 3 P. V. KUNHIKRISHNAN, J.
------------------------------------------- Crl.M.C.No.9463 of 2023 ------------------------------------------- Dated this the 15th day of November, 2023 ORDER The petitioners are the accused in Crime No.928/2022 of Thoppumpady Police Station, Ernakulam. The above case is registered alleging offences punishable under sections 408 and 420 r/w 34 of the Indian Penal Code.
2.
This Crl.M.C is filed to quash the FIR. The Public Prosecutor submitted that the investigation is at the preliminary stage. It is the settled position that if an FIR is to be quashed, this Court should convince that no prima facie case is made out as per the FIR and also, there is no scope for further investigation beyond the averments in the First Information Statement.
3.
I am of the considered opinion that, at this stage, this Crl.M.C need not be entertained against the FIR. The Investigating Officer in Crime No.928/2022 of Thoppumpady Police Station, Ernakulam will expedite the investigation and submit a final report as expeditiously as possible. If a final report is filed, the petitioners
Crl.MC 9463/2023 4 are free to challenge the same in accordance with law.
Therefore this Crl.M.C is dismissed granting liberty to the petitioners to challenge the final report, if any filed and if the petitioners are aggrieved by the same.
Sd/- P. V. KUNHIKRISHNAN JUDGE Sbna/
Crl.MC 9463/2023 5 APPENDIX OF CRL.MC 9463/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FIR IN CRIME NO:
928/2022 OF THOPPUMPADY POLICE STATION ALONG WITH THE FIS COMPLAINT Annexure A2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED TO THE COMPANY BY THE RESERVE BANK OF INDIA DATED 30/12/2002 Annexure A2 (a) TRUE COPY OF THE CERTIFICATE OF INCORPORATION UNDER THE COMPANIES ACT 1956 AND RELEVANT COMPANY REGISTRATION DOCUMENTS ISSUED TO THE COMPANY Annexure A3 TRUE COPY OF THE FORMAT OF THE DEBENTURE ISSUED BY THE COMPANY TO ITS COSTUMER Annexure A4 TRUE COPY OF THE RELEVANT PAGES OF BANK ACCOUNT STATEMENT OF THE COMPANY AND DETAILED TABULATION REGARDING THE PAYMENT TO THE COMPANY FROM THE DEFACTO COMPLAINANT Annexure A5 TRUE COPY OF THE BALANCE SHEET OF THE COMPANY DATED 31.03.2020 Annexure A6 . TRUE COPY OF THE BALANCE SHEET OF THE COMPANY DATED 31.03.2022 Annexure A7 TRUE COPY OF THE STATEMENT OF PROFIT AND LOSS OF THE COMPANY DATED 31.03.2022 Annexure A8 TRUE COPY OF THE STATEMENT OF CKYC UPDATED BY THE COMPANY Annexure A9 TRUE COPY OF THE CERTIFICATE OF REGISTRATION WITH EQUIFAX ISSUED TO THE COMPANY OF DECEMBER 2022 Annexure A10 TRUE COPY OF THE CERTIFICATE OF REGISTRATION WITH FINNET GATEWAY ISSUED TO THE COMPANY DATED 13.07.2021 Annexure A11 . TRUE COPY OF THE CERTIFICATE OF GST REGISTRATION BY THE COMPANY DATED 26.06.2019 Annexure A12 TRUE COPY OF THE RELEVANT PAGES OF BANK ACCOUNT STATEMENT OF THE COMPANY AND DETAILED TABULATION REGARDING THE REPAYMENT FROM THE COMPANY TO THE DEFACTO COMPLAINANT