MUTHU N.B vs 1. SREE GOKULAM CHIT AND FINANCE COMPANY (P)LTD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(KER) 53388

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 19^TH DAY OF JANUARY 2024 / 29TH POUSHA, 1945 CRL.MC NO. 1548 OF 2022 AGAINST THE ORDER/JUDGMENT ST 1917/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,PALA PETITIONER/S:
MUTHU N.B AGED 53 YEARS NETTIKKATTIL HOUSE EZHACHERY P.O KOTTAYAM, KERALA, PIN - 686651 BY ADVS.
BABY THOMAS K.ANIL JOSEPH GEORGE T.J ALICIA JOSE MARIAMMA JOSEPH RESPONDENT/S:
1 1. SREE GOKULAM CHIT AND FINANCE COMPANY (P)LTD SREE GOKULAM CHIT AND FINANCE COMPANY (P)LTD. WITH ITS CENTRAL OFFICE AT NO.66, ARCOT ROAD, KODAMPAKAM, CHENNAI - 600 024, HAVING ITS DIVISIONAL OFFICE AT PRAKKATTU BUILDING,1ST FLOOR, CENTRAL JUNCTION, KOTTAYAM-1, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, K R SHIBU, AGED 43 YRS, S/O.RAJANKARUKAKUTTIYIL HOUSE, KUMARAKAOM P O, KOTTAYAM DISTRICT., PIN - 686563
2 STATE OF KERALA
2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN -
682031 BY ADV MAHESH V RAMAKRISHNAN OTHER PRESENT:
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.01.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
===========================
Crl.M.C.No.1548 of 2022 -------------------------------------------------------
Dated this the 19^th day of January 2024

ORDER

Petitioner seeks the benefit of the acquital of the co-accused in S.T.3252/2014 on the files of the Judicial First Class Magistrate Court, Pala.

2. Petitioner was the 2^nd accused in the aforesaid case.

However, since petitioner was absconding, the case against him was split up and has been refiled as S.T.No.1917/2019 before the Judicial First Class Magistrate Court, Pala. In the meantime, proceedings against the 1^st accused continued. However, by judgment dated 31.10.2019, the

1^st accused was acquitted.

2. Sri.Baby Thomas, learned Counsel for the petitioner contended that the 1^st accused in S.T.No.3252/2014 was the main accused and the petitioner was only a guarantor. It was further submitted that a reading of Annexure A2 judgment would reveal that the 1st accused was acquitted after finding that there was no evidence to connect the accused with the crime and that the complaint was not able to prove the offence alleged. The said judgment has become final and no appeal has, till date, been filed.

3. I have heard the learned Counsel for the 1^st respondent apart from the learned Public Prosecutor.

4. On a perusal of Annexure 2 judgment, it is evident that the complainant was not able to prove the allegations against the 1^st accused. The observations of the learned Magistrate indicate that the complainant had failed to prove the very transaction itself and there was total absence of evidence to establish the case . The 1^st accused, was the principal borrower and he has been acquitted in the said case.

5. In view of the observations and findings in Annexure A 2 judgment, the proceedings against the petitioner in S.T.No.1917/2019 cannot, under any circumstances end up in a conviction. Annexure A2 judgment has in effect eroded the substratum of the case of the complainant. Therefore, no purpose would be achieved by continuing the prosecution against the petitioner.

6. Accordingly, I quash all further proceedings in S.T.No.1917/2019 on the files of the Judicial First Class Magistrate Court, Pala against the petitioner.

The Crl.M.C. is allowed as above. BECHU KURIAN THOMAS JUDGE jm/

APPENDIX OF CRL.MC 1548/2022 PETITIONER ANNEXURES Annexure1 ANNEXURE A1- TRUE COPY OF THE COMPLAINT IN ST NO.1917/2019 PENDING BEFORE JFMC, PALA Annexure2 ANNEXURE A2- TRUE COPY OF THE JUDGEMENT IN ST NO.3252/2014 BY JFMC, PALA

Click Here to Read the rest of this document