Kerala High Court
Santhosh C. R vs Suhail K. Muhamood on 4 March, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:18157
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946
CRL.MC NO. 102 OF 2025
CC NO.141 OF 2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
KOYILANDY
PETITIONER/2ND ACCUSED:
SANTHOSH C. R,
AGED 33 YEARS
FORMER GENERAL MANAGER,P.S.N.AUTOMOTIVE MARKETING
CO.LTD.39/1405, KANNUR ROAD, PAVANGAD, POST -
PUTHIYANGADI,KOZHIKODE, RESIDING AT INDEEVARAM HOUSE,
KUTTIPPURATHPARAMBA,KARUVISSERY P.O., KOZHIKODE - 10,
PIN - 673021.
BY ADV V.KRISHNA MENON
RESPONDENT/COMPLAINANT & STATE:
1 SUHAIL K. MUHAMOOD,
AGED 33 YEARS
S/O MUHAMOOD, MAFAS, KEEPODI HOUSE, MELADI AMSOM, POST
KIZHOOR VIA PAYYOLI, KOYILANDI TALUK, KOZHIKODE ,
(WITHIN PAYOLI POLICE STATION LIMIT), PIN - 673522.
2 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031.
SMT.PUSHPALATHA M.K, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2025:KER:18157
CRL.MC NO. 102 OF 2025 2
ORDER
The petitioner is the 2nd accused in C.C No.141 of 2019 on the files of the Judicial First Class Magistrate Court, Koyilandy, wherein cognizance has been taken by the Magistrate for offences under Section 420 r/w Section 34 of the Indian Penal Code based on a private complaint filed by the 1st respondent.
2. The allegation in the complaint is that the 1 st respondent had purchased an Eicher PRO 1080 XPT BS-III Chassis from the 1st accused Company and while delivering Chassis of the vehicle, officers of the Company including the petitioner, who was the General Manager of the Company at that point of time, did not inform the 1st respondent that BS-III model vehicles were banned after 1.4.2016. This fact came to the 1st respondent's notice only when he produced the vehicle for permanent registration after fitting body to the chassis.
3. Learned counsel for the petitioner submits that even 2025:KER:18157 CRL.MC NO. 102 OF 2025 3 accepting the allegations in toto, no offence of cheating is made out against the petitioner. Moreover, the other accused had approached this Court and the proceedings against them stand quashed as per Annexure S order.
4. I heard the learned Public Prosecutor also.
5. The 1st respondent has not entered appearance despite service of notice.
6. No detailed deliberation on the contentions is required, this Court having considered the relevant facts and precedents while quashing the proceedings against the other accused. Having carefully read Annexure S order, I am in respectful agreement with the findings therein. Otherwise also, this Court having quashed the proceedings against the Company, no purpose is going to be served by prosecuting the petitioner, who was only its General Manager.
For the aforementioned reasons, the Crl.M.C is allowed. All further proceedings in C.C No.141 of 2019 on the files of the 2025:KER:18157 CRL.MC NO. 102 OF 2025 4 Judicial First Class Magistrate Court, Koyilandy, as against the petitioner is quashed.
Sd/-
V.G.ARUN JUDGE Sru 2025:KER:18157 CRL.MC NO. 102 OF 2025 5 APPENDIX OF CRL.MC 102/2025 PETITIONER'S ANNEXURES Annexure A THE CERTIFIED COPY OF THE COMPLAINT, C.C.NO.141/2019 Annexure B A COPY OF THE CIRCULAR OF THE TRANSPORT COMMISSIONER DATED 29.04.2016 Annexure C A COPY OF THE INTERIM ORDER IN W.P.(C) NO.20015 OF 2016 Annexure D A COPY OF THE JUDGMENT DATED 8.12.2016 IN W.P.(C) NO.20015/2016 Annexure E A COPY OF THE REGISTRATION DETAILS OF THE VEHICLE PURCHASED BY SRI. MOHAMMED C AS OBTAINED FROM THE WEBSITE OF THE MOTOR VEHICLES DEPARTMENT Annexure F A COPY OF THE LETTER DATED 28.12.2016 SUBMITTED BY THE COMPLAINANT Annexure G A COPY OF THE LETTER DATED 29.12.2016 ISSUED BY THE FIRST ACCUSED Annexure H A COPY OF THE LETTER DATED 12.1.2017 Annexure I A COPY OF THE NOTICE DATED 17.1.2017 Annexure J A COPY OF THE LETTER DATED 20.1.2017 SUBMITTED BY THE COMPLAINANT TO THE MANAGER OF THE FIRST ACCUSED Annexure K A COPY OF THE LETTER DATED 21.11.2017 Annexure L A COPY OF THE LETTER DATED 28.1.2017 Annexure M A COPY OF THE LETTER DATED 1.2.2017 Annexure N A COPY OF THE REPLY DATED 6.2.2017 Annexure O A COPY OF THE LETTER DATED 7.2.2017 Annexure P A COPY OF THE LETTER DATED 7.2.2017 ISSUED BY 2025:KER:18157 CRL.MC NO. 102 OF 2025 6 THE COMPLAINANT Annexure Q A COPY OF THE LAWYER NOTICE DATED 16.5.2017 Annexure R A COPY OF THE REPLY DATED 30.5.2017 Annexure S A COPY OF THE ORDER DATED 20.11.2024 IN CRL. M.C.NO.2768/2019