Marakkar v. Muhammed Basheer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 Crl.MC.No. 6170 of 2015 () --------------------------- CC 534/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKKANCHERRY CRMP 297/2015 of JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI ------------------ PETITIONER :

------------------ MARAKKAR, AGED 48 YEARS, S/O. BAPPUTTY MARAKKAR, ARINJIPARAMBIL VEEDU, CHAZHIYATTIRI, PERINGODE P.O., PATTAMBI TALUK, PALAKKAD DISTRICT.

BY ADVS.SRI.P.VIJAYA BHANU (SR.) SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENTS/DEFACTO COMPLAINANT & STATE :

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1. MUHAMMED BASHEER, AGED 48 YEARS, S/O. SAIDALAVI, KOORATTUTHODIYIL VEEDU, CHERUTHURUTHY VILLAGE, CHERUTHURUTHY DESOM - 68001.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM R2 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 6170 of 2015 () APPENDIX PETITIONER'S ANNEXURES :

ANNEXURE A:

COPY OF THE FINAL REPORT IN CC NO. 534/2015 PENDING ON THE FILES OF THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, WADAKKANCHERY.

ANNECURE B:

COPY OF THE CRL.M.P. NO. 297/2015 PREFERRED BY THE PETITIONER THROUGH HIS POWER OF ATTORNEY OLDER BEFORE THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, PATTAMBI UNDER SECTION 138 F THE N.I. ACT AGAINST THE 2ND ACCUSED IN THE PRESENT CASE.

ANNEXURE C:

COPY OF THE COMPLAINT UNDER SECTION 138 OF THE NI ACT PREFERRED BY THE PETITIONER HEREIN THROUGH HIS POWER OF ATTORNEY HOLDER AGAINST THE 2ND ACCUSED

IN THE PRESENT CASE IN RELATION TO THE TRANSACTION

WHICH IS NOW PENDING AS CC NO. 810/2015 BEFORE THE COURT OF THE JUDICIAL MAGISTRATE OF THE FIRST CLASS, PATTAMBI.

ANNEXURE D:

COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 438/2015 OF CHALISSERRY POLICE STATION, PALAKKAD DISTRICT.

RESPONDENT'S ANNEXURES :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.6170 of 2015 ````````````````````````````````````````````````````````````` Dated this the 15th day of September, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner is the 4th accused in CC.534/2015 pending before the Judicial First Class Magistrate's Court, Wadakkanchery, which has arisen from Crime No.12/2015 of the Cheruthuruthy Police Station. Petitioner is one of the share holders of a company which was engaged in chitty business. The 1st accused is its Chairman, 2nd accused is the Managing Director and 3rd accused is the Director of the company. Admittedly, accused Nos.4 to 8 are the share holders in the company. Final report has been filed against the accused alleging offences punishable under Sections 406 and 420 read with Section 34 IPC as the company has cheated and defrauded various subscribers of the chitty by not paying the chitty amount.

2.

When the petitioner is only a share holder, he

Crl.M.C.6170/2015 : 2 :

cannot have any day to day administration of the company. The persons, who were in charge of the company, are arraigned as accused Nos.1 to 3 in the case. The petitioner cannot be found fault with in taking shares in a company. In such case, the proceedings in CC.534/2015 of the Judicial First Class Magistrate's Court, Wadakkanchery as against the petitioner are liable to be quashed.

In the result, this Crl.M.C. is allowed and all further proceedings in CC.534/2015 of the Judicial First Class Magistrate's Court, Wadakkanchery as against the petitioner are quashed.

Sd/- (B.KEMAL PASHA, JUDGE) aks/15/09 // True Copy // PA to Judge