Kerala High Court
Mr.Kenichi Ayukawa vs State Of Kerala on 24 March, 2021
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
Crl.MC.No.428 OF 2021(C)
CRIME NO.6/2021 OF ELATHUR POLICE STATION, KOZHIKODE
PETITIONER/1ST ACCUSED:
MR.KENICHI AYUKAWA
MANAGING DIRECTOR OF MARUTI SUZUKI INDIA LIMITED, 1,
NELSON MANDELA ROAD, VASANT KUNJ,
NEW DELHI-110070.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.NELSON JOSEPH
SRI.MADHU RADHAKRISHNAN
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
RESPONDENT NO.1/ RESPONDENT NO.2/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED THROUGH PUBLIC PROSECUTOR.
HIGH COURT OF KERALA
2 KOYENCO AUTOS PVT LTD.
HAVING ITS REGISTERED OFFICE AT 53 C, KOYENCO HOUSE,
WESTHILL (PO),
KOZHIKODE TALUK AND DISTRICT,
KERALA-673005,THROUGH ASHIQUE P.P, DIRECTOR.
R2 BY ADV. SRI.S.RAJEEV
R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
R2 BY ADV. SRI.V.VINAY
R2 BY ADV. SRI.K.ANAND
PUBLIC PROSECUTOR SRI.RAMESH CHAND, SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24.03.2021, ALONG WITH Crl.MC.550/2021(G), Crl.MC.551/2021(H),
Crl.MC.552/2021(H), THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.428/2021 AND CONNECTED CASES 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
Crl.MC.No.550 OF 2021(G)
CRIME NO.6/2021 OF ELATHUR POLICE STATION, KOZHIKODE
PETITIONER/2ND ACCUSED:
S.Y. SIDDIQUI, AGED 61 YEARS
EXECUTIVE ADVISOR, MARUTI SUZUKI INDIA LIMITED, 1,
NELSON MANDELA ROAD,
VASANT KUNJ, NEW DELHI - 110 070.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.MADHU RADHAKRISHNAN
SRI.NELSON JOSEPH
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
RESPONDENT NO.1/RESPONDENT NO.2/COMPLAINANT:
1 STATE OF KERALA REPRESENTED THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA,
KOCHI- 682 031.
2 KOYENCO AUTO PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT 53 C,
KOYENCO HOUSE, WESTHILL P. O., KOZHIKODE TALUK AND
DISTRICT, KERALA - 673 005,
THROUGH ASHIQUI P.P, DIRECTOR.
R2 BY ADV. SRI.S.RAJEEV
R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
R2 BY ADV. SRI.V.VINAY
R2 BY ADV. SRI.K.ANAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24.03.2021, ALONG WITH Crl.MC.428/2021(C), Crl.MC.551/2021(H),
Crl.MC.552/2021(H), THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.428/2021 AND CONNECTED CASES 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
Crl.MC.No.551 OF 2021(H)
CRIME NO.6/2021 OF ELATHUR POLICE STATION, KOZHIKODE
PETITIONER/3RD ACCUSED:
PANKAJ BHANDULA, AGED 56 YEARS,
VICE PRESIDENT OF MARUTI SUZUKI INDIA
LIMITED,1,NELSON MANDELA ROAD,
VASANT KUNJ,NEW DELHI-110070.
BY ADVS.
SRI.MADHU RADHAKRISHNAN
SRI.NELSON JOSEPH
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
SRI.S.SREEKUMAR (SR.)
RESPONDENT NO.1/RESPONDENT NO.2/COMPLAINANT:
1 STATE OF KERALA REPRESENTED THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA.
2 KOYENCO AUTOS PVT.LTD,
HAVING ITS REGISTERED OFFICE AT 53 C,
KOYENCO HOUSE,WESTHILL(P.O),KOZHIKODE TALUK AND
DISTRICT,KERALA-673005,
THROUGH ASHIQUE P.P, DIRECTOR.
R2 BY ADV. SRI.S.RAJEEV
R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
R2 BY ADV. SRI.K.ANAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24.03.2021, ALONG WITH Crl.MC.428/2021(C), Crl.MC.550/2021(G),
Crl.MC.552/2021(H), THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.428/2021 AND CONNECTED CASES 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
Crl.MC.No.552 OF 2021(H)
CRIME NO.6/2021 OF ELATHUR POLICE STATION, KOZHIKODE
PETITIONER/4TH ACCUSED:
MR. VIPUL SACHDEVA, AGED 43 YEARS,
DESIGN AND CONCEPT DEVELOPMENT, HEAD OF MARUTI
SUZUKI INDIA LIMITED, 1, NELSON MANDELA ROAD,
VASANT KUNJ, NEW DELHI - 110 070.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.MADHU RADHAKRISHNAN
SRI.NELSON JOSEPH
SRI.M.D.JOSEPH
SHRI.DEEPAK ASHOK KUMAR
RESPONDENT NO.1/RESPONDENT NO.2/COMPLAINANT:
1 STATE OF KERALA REPRESENTED THROUGH PUBLIC
PROSECUTOR, HIGH COURT OF KERALA.
2 KOYENCO AUTOS PVT. LTD.,
HAVING ITS REGISTERED OFFICE AT 53 C, KOYENCO
HOUSE, WESTHILL P. O.,
KOZHIKODE TALUK AND DISTRICT, KERALA - 673 005,
THROUGH ASHIQUE P. P., DIRECTOR.
R2 BY ADV. SRI.S.RAJEEV
R2 BY ADV. SRI.K.K.DHEERENDRAKRISHNAN
R2 BY ADV. SRI.V.VINAY
R2 BY ADV. SRI.A.ANAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
24.03.2021, ALONG WITH Crl.MC.428/2021(C), Crl.MC.550/2021(G),
Crl.MC.551/2021(H), THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.428/2021 AND CONNECTED CASES 5
ORDER
The crime registered on the ground of violation and non-fulfilment of an agreement under Section 406 and 420 r/w Section 34 IPC on a reference under Section 156(3) Cr.P.C. sought to be quashed by the petitioner/accused, Managing Director of a company. Annexure A3 is not supported by any consideration so as to make it as a valid contract and it is not a registered agreement. As such, it will not satisfy a valid contract. Hence, it has no binding force.
2. The learned counsel for the defacto complainant submitted that no consideration is necessary to effectuate an agreement for sale of immovable property. It cannot be accepted simply on the reason that no different treatment was given with respect to a contract for sale of immovable property apart from the other contracts either in the Indian Contract Act or in the Transfer of Crl.MC.428/2021 AND CONNECTED CASES 6 Property Act. Hence, there is no occasion for attracting either the offence under Sections 406 or 420 IPC. The entire proceedings are hereby quashed.
All the Crl.M.Cs. are allowed accordingly.
Sd/-
P.SOMARAJAN JUDGE msp Crl.MC.428/2021 AND CONNECTED CASES 7 APPENDIX OF Crl.MC 428/2021 PETITIONER'S/S ANNEXURES:6 ANNEXURE A1 COPY OF THE FIR DATED 5/1/2021. ANNEXURE A2 COPY OF THE COMPLAINT DATED 4/1/2021. ANNEXURE A3 COPY OF THE NON- BINDING TERM SHEET DATED MAY 10, 2019.
ANNEXURE A4(COLLY) COPY OF THE E-MAILS SENT BY MSIL DURING JUNE-OCTOBER 2019.
ANNEXURE A5 COPY OF COMMUNICATION DATED JANUARY 16,2020 FROM THE RESPONDENT NO. 2 ANNEXURE A6 COPY OF COMMUNICATION DATED JANUARY 21, 2020 SENT ON BEHALF OF MSIL.
ANNEXURE A7 COPY OF THE LEGAL NOTICE ISSUED BY THE RESPONDENT NO.2.
ANNEXURE A8 COPY OF REPLY SENT ON BEHALF OF MSIL, DATED JULY 7, 2020.
ANNEXURE A9 COPY OF LETTER DATED NOVEMBER 7, 2020 SENT BY THE RESPONDENT NO. 2.
ANNEXURE A10 COPY OF REPLY SENT ON BEHALF OF MSIL DATED DECEMBER 2, 2020.
RESPONDENTS ANNEXURES:NIL Crl.MC.428/2021 AND CONNECTED CASES 8 APPENDIX OF Crl.MC 550/2021 PETITIONER'S/S ANNEXURES:
ANNEXURE A1 COPY OF THE FIR DATED 05.01.2021 NO.0006/21 ANNEXURE A2 COPY OF THE COMPLAINT DATED 04.01.2021 OF R2 ANNEXURE A3 COPY OF THE NON-BINDING TERM SHEET DATED MAY 10, 2019.
ANNEXURE A4 (COLLY) COPY OF THE E-MAILS SENT BY MSIL DURING JUNE - OCTOBER 2019.
ANNEXURE A5 TRUE COPY OF COMMUNICATION DATED JANUARY 16, 2020 FROM THE RESPONDENT NO.2. ANNEXURE A6 COPY OF COMMUNICATION DATED JANUARY 21, 2020 SENT ON BEHALF OF MSIL.
ANNEXURE A7 COPY OF THE LEGAL NOTICE ISSUED BY THE RESPONDENT NO.2 DATED MAY 22, 2020. ANNEXURE A8 COPY OF REPLY SENT ON BEHALF OF MSIL DATED JULY 7, 2020.
ANNEXURE A9 COPY OF LETTER DATED NOVEMBER 7, 2020 SENT BY THE RESPONDENT NO.2.
ANNEXURE A10 COPY OF REPLY SENT ON BEHALF OF MSIL DATED DECEMBER 2, 2020.
RESPONDENTS ANNEXURES:NIL Crl.MC.428/2021 AND CONNECTED CASES 9 APPENDIX OF Crl.MC 551/2021 PETITIONER'S/S ANNEXURES:
ANNEXURE A1 COPY OF FIR DATED 5/1/2021 FIR NO.0006/2021 ANNEXURE A2 COPY OF THE COMPLAINT DATED 4/1/2021 RESPONDENT NO.2 ANNEXURE A3 COPY OF THE NON-BINDING TERM SHEET DATED MAY 10,2019 ANNEXURE A4(COLLY) COPY OF THE E-MAILS SENT BY MSIL DURING JUNE -OCTOBER 2019 ANNEXURE A5 COPY OF EMAILS DATED SEPTEMBER 16,2019 AND SEPTEMBER 17,2019 BETWEEN THE PETITIONER AND OTHER OFFICIALS OF MSIL.
ANNEXURE A6 TRUE COPY OF COMMUNICATION DATED JANUARY 16,2020 FROM THE RESPONDENT NO.2 ANNEXURE A7 COPY OF COMMUNICATION DATED JANUARY 21,2020 SENT ON BEHALF OF MSIL ANNEXURE A8 COPY OF THE LEGAL NOTICE ISUSED BY THE RESOPNDENT NO.2 ANNEXURE A9 COPY OF REPLY SENT ON BEHALF OF MSIL DATED JULY 7,2020 ANNEXURE A10 COPY OF LETTER DATED NOVEMBER 7,2020 SENT BY THE RESPONDENT NO.2 ANNEXURE A11 COPY OF REPLY SENT ON BEHALF OF MSIL DATED DECEMBER 2,2020.
RESPONDENTS ANNEXURES:NIL Crl.MC.428/2021 AND CONNECTED CASES 10 APPENDIX OF Crl.MC 552/2021 PETITIONER'S/S ANNEXURES:
ANNEXURE A1 COPY OF THE FIR DATED 5.1.2021. ANNEXURE A2 COPY OF THE COMPLAINT DATED 04.01.2021. ANNEXURE A3 COPY OF THE NON-BINDING TERM SHEET DATED MAY 10, 2019.
ANNEXURE A4 (COLLY) COPY OF THE E-MAILS SENT BY MSIL DURING JUNE - OCTOBER 2019.
ANNEXURE A5 COPY OF EMAILS DATED SEPTEMBER 16, 2019 AND SEPTEMBER 17, 2019 BETWEEN THE PETITIONER AND OTHER OFFICIALS OF MSIL.
ANNEXURE A6 TRUE COPY OF COMMUNICATION DATED JANUARY 16, 2020 FROM THE RESPONDENT NO.2. ANNEXURE A7 COPY OF COMMUNICATION DATED JANUARY 21, 2020 SENT ON BEHALF OF MSIL.
ANNEXURE A8 COPY OF THE LEGAL NOTICE ISSUED BY THE RESPONDENT NO.2.
ANNEXURE A9 COPY OF REPLY SENT ON BEHALF OF MSIL DATED JULY 7, 2020.
ANNEXURE A10 COPY OF LETTER DATED NOVEMBER 7, 2020 SENT BY THE RESPONDENT NO.2.
ANNEXURE A11 COPY OF REPLY SENT ON BEHALF OF MSIL DATED DECEMBER 2, 2020.
RESPONDENTS ANNEXURES:NIL //TRUE COPY// P.A. TO JUDGE