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David George vs State of Kerala

David George vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 01, 2024
~6 min read
https://sooperkanoon.com/case/1305860

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Crl.MC/1053/2024

Parties & Advocates

Appellant / Petitioner

David George

Respondent

State of Kerala

Excerpt

.....this crl.m.c.is dismissed. sd/- bechu kurian thomas judge amv/01/02/2024 appendix of crl.mc 1053/2024 petitioner annexures annexure-a1 true copy of the first information report in crime no.897/2022 of the koipuram police stationannexure-a2 true copy of the company information in respect of prd mini nidhi limited obtained from the ministry of corporation affairs-mca services on29.12.2023 annexure-a3 true copy of the cash receipt bearing sl. no.333/8/18 dated 1.2.2018 issued by prd mini investments, kuriannoor annexure-a4 true copy of the cash receipt bearing sl. no.332/8/18 dated 9.2.2018 issued by prd mini investments, kuriannoor annexure-a5 true copy of the cash receipt bearing sl. no.334/8/18 dated 11.2.2018 issued by prd mini investments, kuriannoor annexure-a6 true copy of the cash receipt bearing sl. no.750 dated 18.05.2018 issued by prd mini investments, kuriannoor annexure-a7 true copy of the cash receipt bearing sl. no.1272/8/18 dated 27.9.2018 issued by prd mini investments, kuriannoor annexure-a8 true copy of the cash receipt bearing sl. no.1644/8/18 dated 28.11.2018 issued by prd mini investments, kuriannoor annexure-a9 true copy of the fixed deposit receipt bearing receipt no.1514/6/19 dated 22.05.2019 issued by prd mini nidhi, annexure-a10 true copy of the fixed deposit receipt bearing receipt no.1515/6/19 dated 6.9.2019 issued by prd mini nidhi, annexure-a11 true copy of the fixed deposit receipt bearing receipt no.932/6/19 dated 19.9.2019 issued by prd mini nidhi, annexure-a12 true copy of the fixed deposit receipt bearing receipt no.1320/6/19 dated 20.11.2019 issued by prd mini nidhi, annexure-a12(a) true copy of the fixed deposit receipt bearing receipt no.1319/6/19 dated 20.11.2019 issued by prd mini nidhi, annexure-a13 true copy of the income tax return filed year 2014-15 annexure-a14 true copy of the income tax return filed year 2015-16.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 CRIME NO.897/2022 OF KOIPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/5TH ACCUSED : DAVID GEORGE, AGED 65 YEARS S/O K.T. DAVID, KAVUMTHUNDIYIL HOUSE, CHIRAYIRAMBU P.O., MARAMON, THOTTAPUZHASSERI VILLAGE, PATHANAMTHITTA DISTRICT - 689 549. BY ADVS. BIJI MATHEW SUMESH J. ANTONY RESPONDENTS/STATE & COMPLAINANT :

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. 2 DEPUTY SUPERINTENDENT OF POLICE DISTRICT CRIME BRANCH, PATHANAMTHITTA DISTRICT - 689 645. 3 JOHN VARUGHESE S/O VARUGHESE, KAKKUZHY NIRAVIL (H) KURIYANNOOR P.O., THOTTAPUZHASERY, PATHANAMTHITTA DISTRICT - 689 550. SRI.ASHI.M.C. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C. No.1053 of 2024 …................................................ Dated this the 1st day of February, 2024

ORDER

Petitioner is the 5th accused in Crime No.897/2022 of Koipuram Police Station. He challenges the FIR filed in the above case.

2. According to the prosecution, accused 1 to 4 were the Directors

of different Nidhi Companies, and the 5 th accused was the Manager of those establishments. The accused are alleged to have committed criminal breach of trust and cheating by accepting deposits, offering to repay the same with high interest, and collected an amount of Rs.95,72,187/- and refused to return the money and thereby committed the offences under Section 420, 409 r/w Section 34 of the Indian Penal Code, 1860. Subsequently, during the course of the investigation, the offences under the Banning of Unregulated Deposit Scheme Act, 2019 have also been incorporated.

3. Sri.Biji Mathew, the learned counsel for the petitioner, submitted

that the petitioner was only an employee of the company that allegedly collected the deposits, and he had no control over the business or the affairs of the establishment. According to the counsel, not a single rupee was received by him out of any of the deposits collected, and therefore he could not, under any stretch of imagination, be arrayed as an accused. It was also submitted that even if petitioner wants to return the money, it is not possible for him as he was not the beneficiary of any of the alleged schemes, and hence, the registration of the crime against him is mala fide, without any basis, and is liable to be quashed.

4. Sri.Ashi.M.C., the learned Public Prosecutor, on the other hand,

opposed the submissions and contended that the case is only at the investigation stage and it is too premature to arrive at a conclusion. It was further submitted that more than 266 cases have been registered against the petitioner and the other Directors of the company, and therefore, this Court ought not to interfere in the exercise of the jurisdiction under Section 482 of Cr.P.C.

5. Petitioner is alleged to be the Manager of Nidhi Company.

Persons who are in charge and are responsible for the conduct of the business are also made liable under the BUDS Act. Whether the petitioner was in charge of or responsible for the conduct of the business, are all matters which can be identified during the investigation. As rightly pointed out by the learned Public

Prosecutor it is too premature a stage to arrive at the conclusion

that the FIR against the petitioner is inherently impossible. If the allegations in the FIR are taken on face value, and an offence is made out interference under Section 482 of Cr.P.C. cannot be allowed. In the decision in State of Haryana and Others v. Bhajan Lal and others (1992) Suppl. 1 SCC 335, the Supreme Court has held that quashing of an FIR can be resorted to only when the admitted allegations do not make out any offence or that the proceedings are initiated with mala fides. Said situation does not exist, and therefore, I am of the view that this is not a fit case to exercise the inherent jurisdiction under Section 482 of Cr.P.C.can be invoked. Hence, this Crl.M.C.is dismissed. sd/- BECHU KURIAN THOMAS JUDGE AMV/01/02/2024 APPENDIX OF CRL.MC 1053/2024 PETITIONER ANNEXURES ANNEXURE-A1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.897/2022 OF THE KOIPURAM POLICE STATION

ANNEXURE-A2         TRUE COPY OF THE COMPANY INFORMATION IN
                    RESPECT   OF   PRD   MINI   NIDHI   LIMITED
                    OBTAINED     FROM    THE     MINISTRY    OF
                    CORPORATION    AFFAIRS-MCA    SERVICES   ON

29.12.2023 ANNEXURE-A3 TRUE COPY OF THE CASH RECEIPT BEARING SL. NO.333/8/18 DATED 1.2.2018 ISSUED BY PRD MINI INVESTMENTS, KURIANNOOR ANNEXURE-A4 TRUE COPY OF THE CASH RECEIPT BEARING SL. NO.332/8/18 DATED 9.2.2018 ISSUED BY PRD MINI INVESTMENTS, KURIANNOOR ANNEXURE-A5 TRUE COPY OF THE CASH RECEIPT BEARING SL. NO.334/8/18 DATED 11.2.2018 ISSUED BY PRD MINI INVESTMENTS, KURIANNOOR ANNEXURE-A6 TRUE COPY OF THE CASH RECEIPT BEARING SL. NO.750 DATED 18.05.2018 ISSUED BY PRD MINI INVESTMENTS, KURIANNOOR ANNEXURE-A7 TRUE COPY OF THE CASH RECEIPT BEARING SL. NO.1272/8/18 DATED 27.9.2018 ISSUED BY PRD MINI INVESTMENTS, KURIANNOOR ANNEXURE-A8 TRUE COPY OF THE CASH RECEIPT BEARING SL. NO.1644/8/18 DATED 28.11.2018 ISSUED BY PRD MINI INVESTMENTS, KURIANNOOR ANNEXURE-A9 TRUE COPY OF THE FIXED DEPOSIT RECEIPT BEARING RECEIPT NO.1514/6/19 DATED 22.05.2019 ISSUED BY PRD MINI NIDHI, ANNEXURE-A10 TRUE COPY OF THE FIXED DEPOSIT RECEIPT BEARING RECEIPT NO.1515/6/19 DATED 6.9.2019 ISSUED BY PRD MINI NIDHI, ANNEXURE-A11 TRUE COPY OF THE FIXED DEPOSIT RECEIPT BEARING RECEIPT NO.932/6/19 DATED 19.9.2019 ISSUED BY PRD MINI NIDHI, ANNEXURE-A12 TRUE COPY OF THE FIXED DEPOSIT RECEIPT BEARING RECEIPT NO.1320/6/19 DATED 20.11.2019 ISSUED BY PRD MINI NIDHI, ANNEXURE-A12(A) TRUE COPY OF THE FIXED DEPOSIT RECEIPT BEARING RECEIPT NO.1319/6/19 DATED 20.11.2019 ISSUED BY PRD MINI NIDHI, ANNEXURE-A13 TRUE COPY OF THE INCOME TAX RETURN FILED YEAR 2014-15 ANNEXURE-A14 TRUE COPY OF THE INCOME TAX RETURN FILED YEAR 2015-16 ANNEXURE-A15 TRUE COPY OF THE INCOME TAX RETURN FILED YEAR 2016-17 ANNEXURE-A16 TRUE COPY OF THE INCOME TAX RETURN FILED YEAR 2017-18 ANNEXURE-A17 TRUE COPY OF THE INCOME TAX RETURN FILED YEAR 2018-19 ANNEXURE-A18 TRUE COPY OF THE INCOME TAX RETURN FILED YEAR 2019-20 ANNEXURE-A19 TRUE COPY OF THE INCOME TAX RETURN FILED YEAR 2020-21 ANNEXURE-A20 TRUE COPY OF THE INCOME TAX RETURN FILED YEAR 2021-22 ANNEXURE-A21 TRUE COPY OF THE INCOME TAX RETURN FILED FOR THE ASSESSMENT YEAR 2014-15 ANNEXURE-A22 TRUE COPY OF THE INCOME TAX RETURN FILED FOR THE ASSESSMENT YEAR 2015-16 ANNEXURE-A23 TRUE COPY OF THE INCOME TAX RETURN FILED FOR THE ASSESSMENT YEAR 2016-17 ANNEXURE-A24 TRUE COPY OF THE INCOME TAX RETURN FILED FOR THE ASSESSMENT YEAR 2017-18 ANNEXURE-A25 TRUE COPY OF THE INCOME TAX RETURN FILED FOR THE ASSESSMENT YEAR 2018-19 ANNEXURE-A26 TRUE COPY OF THE INCOME TAX RETURN FILED FOR THE ASSESSMENT YEAR 2019-20 ANNEXURE-A27 TRUE COPY OF THE INCOME TAX RETURN FILED FOR THE ASSESSMENT YEAR 2021-22. ANNEXURE-A28 TRUE COPY OF THE MEDICAL RECORDS OF THE PETITIONER ISSUED FROM ASTER MEDCITY, KOCHI ANNEXURE-A29 TRUE COPY OF THE RESIGNATION LETTER DATED 29.06.2021 SUBMITTED BY THE PETITIONER BEFORE THE PRD MINI NIDHI LIMITED TRUE COPY

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