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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G. ARUN, J
S. GANGA AMMAL – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accusations based on shareholding and dividends. (Para 1 , 6) |
| 2. petitioners' arguments regarding breach of trust. (Para 2 , 3) |
| 3. judicial examination of transfer matters. (Para 4) |
| 4. counterarguments from the respondent. (Para 5) |
| 5. legal conclusions on breach and misappropriation. (Para 7) |
ORDER
The petitioners are the accused in C.C.Nos.1183 and 1184 of 2023 pending on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. The cases originated from private complaints filed by the 2nd respondent alleging commission of the offences punishable under Sections 403 and 406 IPC by the petitioners. The allegations in the complaint are to the following effect;
The accused are the elder sister and niece (sister's daughter) of the complainant's father, late S. Krishna Sharma. The complainant as well as the accused were shareholders in the family concern named “M/s.Kanthimathi Plantations Pvt.Ltd”. The complainant's father had 37600 equity shares, while the accused in C.C.No.1183/2023 held 10620, and the accused in C.C.No.1184/2023 held 2750 equity shares each. The accused transferred their shares to the complainant's father at the rate of Rs.35/- pe
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