Kerala High Court
* 1. Manappuram Finance Limited vs State Of Kerala- Represented By The ...
Author: A.Hariprasad
Bench: A.Hariprasad
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
THURSDAY, THE 19TH DAY OF OCTOBER 2017/27TH ASWINA, 1939
Crl.MC.No. 733 of 2014 ()
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CRIME NO. 2023/2012 OF THRISSUR EAST POLICE STATION , THRISSUR
PETITIONERS/ACCUSED:
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* 1. MANAPPURAM FINANCE LIMITED, HAVING ITS REGISTERED OFFICE AT
VALAPAD P.O., THRISSUR DISTRICT-REPRESENTED BY ITS MANAGING
DIRECTOR, V.P.NANDAKUMAR, S/O.LATEV.C.PADMANABHAN, PADMA SAROJ,
VAZHAPPILLYHOUSE, VALAPAD P.O.,THRISSUR DISTRICT-680567.
(DELETED)
2. V.P.NANDAKUMAR, MANAGING DIRECTOR, MANAPPURAM FINANCE LIMITED,
VALAPAD, THRISSUR-680657.
* 3. SHEELA, MANAGER, MANAPPURAM FINANCE LIMITED, NAIKKANAL BRANCH,
THRISSUR DISTRICT-680001. (DELETED)
4. LAKSHMI, MANAPPURAM FINANCE LIMITED, NAIKKANAL BRANCH,
THRISSUR DISTRICT-680001.
5. JAIN FRANCIS, MANAPPURAM FINANCE LIMITED, NAIKKANAL BRANCH,
THRISSUR DISTRICT-680001.
* 6. I.UNNIKRISHNAN, R/O.MANNATH HOUSE, MANNATH LANE, THRISSUR-680001.
(DELETED)
*7. B.N.RAVEENDRABABU,R/O.BLANGATT HOUSE, KAIPAMANGALAM,
THRISSUR-680681. (DELETED)
*8. MANOMOHAN, R/O.7/71 A, ASWATHI, HIGH SCHOOL ROAD, CHENTHRAPPINI,
THRISSUR-680687. (DELETED)
*9. MANOHARAN, R/O.TC 6/657, VAILAPPILLI, KUNDUVARA ROAD,
CHEMBOOKKAVU, THRISSUR-680001. (DELETED)
*10. SANKARANARAYANAN, R/O.10-C, SKYLINE BRENT WOOD, SAW MILL ROAD,
KOORKKENCHERRY, THRISSUR-680007. (DELETED)
*11. V.R.RAMACHANDRAN, R/O.VAILAPRAMBIL HOUSE, 50/840, AYYANTHOLE,
THRISSUR-680003. (DELETED)
*PETITIONER NOS.1, 3 AND 6 TO 11 IN CRL.M.C.NO.733/2014 ARE DELETED FROM THE
PARTYARRAYAS PER ORDER DATED 19.10.17.
BY ADV. SRI.C.P.MOHAMMED NIAS
CRL.MC NO.733 OF 2014
RESPONDENTS/STATE & DE-FACTO COMPLAINANT:
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1. STATE OF KERALA- REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION-ACP,
CRIME DETACHMENT.
3. ALOK P.SUNIL, S/O.SUNIL, POYYARA HOUSE, KATTOOR, THRISSUR DISTRICT.
R3 BY ADV.SRI.T.G.RAJENDRAN
R1 & R2 BY PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19-10-2017,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 733 of 2014 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE 1: TRUE COPY OF CERTIFICATEOF INCORPORATION DT.15-7-1992
ISSUED BY REGISTRAR OF COMPANIES, KERALA.
ANNEXURE 2: TRUE COPY OF CERTIFICATEOF REGISTRATION DT.25-5-1998
ISSUED BY THE RESERVE BANK OF INDIA.
ANNEXURE 3: TRUE COPY OF CERTIFICATEOF REGISTRATION DT.4-7-2011
ISSUED BY THE RESERVE BANK OF INDIA.
ANNEXURE 4: TRUE COPY OF CERTIFICATEDT.22-6-11 ISSUED BY THE MINISTRY
OF CORPORATE AFFAIRS.
ANNEXURE 5: TRUE COPY OF CERTIFICATEOF REGISTRATION ISSUED BY THE
RESERVE BANK OF INDIA.
ANNEXURE 6: TRUE COPY OF THE FIR NO.2023/2012 DT.18-9-2012 ATTHRISSUR
EAST POLICE STATION REGISTERED BY R2.
ANNEXURE 7: COPY OF DAY BOOK AND ORIGINAL DEPOSIT RECEIPT DT.10-11-
10.
ANNEXURE 7A: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017005 DT.10-
11-2010 ISSUED BY MANAPPURAM AGRO FARMS TO THE DE-FACTO COMPLAINANT IN
ACKNOWLEDGMENT OF DEPOSIT OF RS.15,000/-(RUPEES FIFTEEN THOUSAND ONLY).
ANNEXURE 7B: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017667 DT.1-2-
2011 ISSUED BY MANAPPURAM AGRO FARMS TO THE DE-FACTO COMPLAINANT IN
ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN THOUSAND ONLY).
ANNEXURE 7C: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017674 DT.1-2-
2011 ISSUED BY MANAPPURAM AGRO FARMS TO THE DE-FACTO COMPLAINANT IN
ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN THOUSAND ONLY).
ANNEXURE 7D: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017669 DT.1-2-
2011 ISSUED BY MANAPPURAM AGRO FARMS TO THE DE-FACTO COMPLAINANT IN
ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN THOUSAND ONLY).
ANNEXURE 8: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017668 ISSUED
BY MANAPPURAM AGRO FARMS TO P.K.SUNIL, FATHER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN
THOUSAND ONLY).
ANNEXURE 9A: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017663 ISSUED
BY MANAPPURAM AGRO FARMS TO GIRIJA P.S., MOTHER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN
THOUSAND ONLY).
ANNEXURE 9B: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017665 ISSUED
BY MANAPPURAM AGRO FARMS TO GIRIJA P.S., MOTHER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN
THOUSAND ONLY).
Crl.MC.No. 733 of 2014 ()
ANNEXURE 9C: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017666 ISSUED
BY MANAPPURAM AGRO FARMS TO GIRIJA P.S., MOTHER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN
THOUSAND ONLY).
ANNEXURE 9D: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017676 ISSUED
BY MANAPPURAM AGRO FARMS TO GIRIJA P.S., MOTHER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.16,000/-(RUPEES SIXTEEN
THOUSAND ONLY).
ANNEXURE 9E: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017671 ISSUED
BY MANAPPURAM AGRO FARMS TO GIRIJA P.S., MOTHER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN
THOUSAND ONLY).
ANNEXURE 9F: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017007 ISSUED
BY MANAPPURAM AGRO FARMS TO GIRIJA P.S., MOTHER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.15,000/-(RUPEES FIFTEEN
THOUSAND ONLY).
ANNEXURE 10A: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017664
ISSUED BY MANAPPURAM AGRO FARMS TO ANJANA P.SUNIL, SISTER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN
THOUSAND ONLY).
ANNEXURE 10B: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017675
ISSUED BY MANAPPURAM AGRO FARMS TO ANJANA P.SUNIL, SISTER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN
THOUSAND ONLY).
ANNEXURE 10C: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017673
ISSUED BY MANAPPURAM AGRO FARMS TO ANJANA P.SUNIL, SISTER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN
THOUSAND ONLY).
ANNEXURE 10D: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017672
ISSUED BY MANAPPURAM AGRO FARMS TO ANJANA P.SUNIL, SISTER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.18,000/-(RUPEES EIGHTEEN
THOUSAND ONLY).
ANNEXURE 10E: TRUE COPY OF DEPOSIT RECEIPT NOS.0500010206017006
ISSUED BY MANAPPURAM AGRO FARMS TO ANJANA P.SUNIL, SISTER OF THE DE-FACTO
COMPLAINANT IN ACKNOWLEDGMENT OF DEPOSIT OF RS.15,000/-(RUPEES FIFTEEN
THOUSAND ONLY).
ANNEXURE 11: TRUE COPY OF THE INCOME TAX RETURNS FOR THE
ASSESSMENT YEAR 2010-2011 SUBMITTED BY MR.V.P.NANDAKUMAR, PROPRIETOR OF
MANAPPURAM AGRO FARMS.
ANNEXURE 12: TRUE COPY OF THE DEMAND NOTICE DT.15-4-2011 ISSUED BY
THE DEPUTY DIRECTOR OF FISHERIES, THRISSUR TO MANAPPURAM AGRO FARMS
ASKING IT TO SUBMIT RETURNS IN RESPECT OF SALES DONE FOR THE PERIOD 1-4-2008
OT 31-3-2009 AND 1-4-2009 TO 31-3-2010.
ANNEXURE 13: TRUE COPY OF THE REPLY SUBMITTED BY MANAPPURAM AGRO
FARMS TO THE DEPUTY DIRECTORS OF FISHERIES, THRISSUR ALONG WITH THE
RETURNS.
Crl.MC.No. 733 of 2014 ()
ANNEXURE 14: TRUE COPY OF DD NO.735322 OF PUNJAB NATIONAL BANK,
PALACE ROAD, THRISSUR DT.24-9-13 DRAWN IN FAVOUR OF ALOK P.SUNIL FOR AN
AMOUNT OF RS.17900/(RUPEES SEVENTEEN THOUSAND NINE HUNDRED ONLY), POSTAL
RECEIPT DT.24-9-13 AND CERTIFICATE OF DELIVERY FROM THE POSTAL DEPARTMENT.
ANNEXURE 15: TRUE COPY OF THE NOTICE DT.5-2-2012 PUBLISHED BY
V.P.NANDAKUMAR, PROPRIETOR OF MANAPPURAM AGRO FARMS IN MATHRUBHUMI
NEWSPAPER.
ANNEXURE 16 TRUE COPY OF THE STATEMENT FILED BY THE 1ST RESPONDENT
IN CONT. CASE ) NO.500/2012 BEFORE THIS COURT
ANNEXURE 16 (AS PER CRL.MA NO.7775/2017) CERTIFIED COPY OF CHARG
SHEET FILED BY THE RESPONDENTS
RESPONDENT(S)' EXHIBITS
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ANNEXURE-R1(a) ACOPY OF THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT
BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT,THRISSUR AS CMP 6471/12
ANNEXURE R1(b) A COPY OF THE RECEIPT ISSUED BY THE COMPANYIN THE NAME OF
MANAPPURAM AGRO FARM, INSTEAD OF MANAPPURAM FINANCE
ANNEXURE R1(c) A COPY OF THE FOLDER USED TO WRAP THE RECEIPT PRINTED IN
THAT MANAPPURAM FINANCE, INDIA'S LARGEST LUSTED AND HIGHEST CREDIT RATED
GOLD LOAN COMPANY
ANNEXURE R1(d) A COPY OF PUBLIC NOTICE CAUTIONING THE PUBLIC AGAINST SUCH
ILLEGALACTS
ANNEXURE R3(A) TRUE COPY OF THE AFFIDAVIT SWORN BY THE PETITIONER
//TRUE COPY//
A.HARIPRASAD, J.
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Crl.M.C. No.733 of 2014
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Dated this the 19th day of October, 2017
ORDER
Accused in Crime No.2023 of 2012 of Thrissur East Police Station registered under Sections 409, 464, 467, 468, 420 and 120B of the Indian Penal Code has approached this Court with a prayer to quash Annexure-6 first information report which culminated in Annexure-A16 final report.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Learned counsel appearing for the defacto complainant is also heard.
3. Defacto complainant has filed an affidavit stating that he has no grievance against the petitioner. It is also submitted by the learned counsel that a connected matter was considered by this Court in Crl.M.C.No.764 of 2014 and as per order dated 18.08.2017, the proceedings in C.C.No.5631 of 2013 on the file of Judicial First Class Magistrate Court, Kodungallur have been terminated. Learned Public Prosecutor also submitted that the parties have settled the matter.
Having regard to the facts and circumstances, Annexure-6 first information report and Annexure-16 final report pending in C.C.No.48 of Crl.MC No.733 of 2014 2 2017 on the file of Chief Judicial Magistrate Court, Thrissur are hereby quashed.
All pending interlocutory applications will stand closed.
A. HARIPRASAD, JUDGE.
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