IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Crl.MC.No. 3301 of 2009 --------------------------------------- ST.27/1998 of ADDL.CHIEF JUDICIAL MAGISTRATE (E & O),ERNAKULAM .................... PETITIONER/ACCUSED: A.FRANCIS, T.C.NO.6/436-1, LAKE VIEW LANE, VATTIYURKKAVU, THIRUVANANTHAPURAM. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH SRI.K.P.CHANDRASEKHAR RESPONDENTS/COMPLAINANTS/STATE: 1. THE REGISTRAR OF COMPANIES KERALA, ERNAKULAM, KOCHI-11. 2. KERALA STATE HANDICAPPED PERSONS WELFARE CORPORATION, REP. BY ITS MANAGING DIRECTOR, T.C.14/490, 'SREE SARAS', THIRUVANANTHAPURAM-33. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR OF HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R3 SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R1 SRI.T.V.GEORGE FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/10/2009 ALONG WITH CRMC NO. 3305 OF 2009 CRMC NO. 3306 OF 2009 CRMC NO. 3307 OF 2009 CRMC NO. 3310 OF 2009 CRMC NO. 3312 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. ----------------------------- Crl.M.C.Nos.3301, 3305, 3306, 3307, 3310 & 3312 of 2009 ----------------------------- COMMON ORDER Petitioner is the accused in S.T.No.27/1998, renumbered as S.T.No.655/2009, S.T.No.23/1998, renumbered as S.T.No.651/2009, S.T.No.25/1998, renumbered as S.T.No.653/2009, S.T.No.28/1998, renumbered as S.T.No.656/2009, S.T.No.26/1998, renumbered as S.T.No.654/2009 and S.T.No.24/1998, renumbered as S.T.No.652/2009 on the file of Additional Chief Judicial Magistrate's Court (Economic Offences), Ernakulam. Petitioner was implicated as an accused as he was the Managing Director on deputation of Kerala State Handicapped Persons Welfare Corporation Ltd. for the offences under Sections 220(1) and (2) punishable under Section 220(3) of Companies Act. First accused Corporation is a Government Company as defined under Section 17 of Companies Act and petitioner is the second accused, who was the Managing Director of the Corporation. Under Sections 221 and 222 of Companies Act, first accused Corporation is to file three copies CRMC 3301/09 & con.cases 2 of the profit and loss account for the financial year ended on 31.3.1992 and no copies of profit and loss account were so filed and thereby committed the offences. These petitions are filed under Section 482 of Code of Criminal Procedure to quash the proceedings as against the petitioner contending that petitioner was appointed as the Managing Director on deputation of the first accused Corporation only for the period from 14.11.1996 to 17.09.1997 and as petitioner was not the Managing Director during the relevant period, he cannot be prosecuted and therefore, the proceedings as against the petitioner is not sustainable. Petitioner would contend that on identical facts, this Court quashed the proceedings as against him in S.T.No.22/1998 on the file of Additional Chief Judicial Magistrate's Court (Economic Offences), Ernakulam by Annexure-III judgment and therefore, the proceedings as against the petitioner in the remaining cases are also liable to be quashed. It is pointed out that though petitioner sought to quash the proceedings in all the cases pending against him earlier, by Annexure-III judgment, it was not done and liberty was granted to the CRMC 3301/09 & con.cases 3 petitioner to file separate petitions and hence, these petitions are filed. 2. Learned counsel appearing for the petitioner, learned Assistant Solicitor General appearing for the first respondent, learned standing counsel appearing for the second respondent and learned Public Prosecutor were heard. 3. As per order dated 10.2.2009 in Crl.M.C.No. 3802/2009, this Court had already found that petitioner was appointed as the Managing Director on deputation of Kerala State Handicapped Persons Welfare Corporation for the period from 14.11.1996 to 17.09.1997 and the offences alleged in the case relate to the period prior to 1994-95 and as petitioner cannot be made liable for the same, continuation of the proceedings as against the petitioner is only an abuse of process of the court and hence, it was quashed. It is not disputed that in all these cases, the period, when there was a failure to submit the profit and loss account, was prior to 14.11.1996, when only petitioner took charge as the Managing Director on deputation of the first accused Corporation. CRMC 3301/09 & con.cases 4 4. Therefore, petitioner cannot be prosecuted for the offences, which were committed prior to 14.11.1996. Hence, continuation of the proceedings as against the petitioner is only an abuse of process of the court and the proceedings as against the petitioner in all these cases are liable to be quashed. Petitions are allowed. S.T.No.27/1998, renumbered as S.T.No.655/2009, S.T.No.23/1998, renumbered as S.T. No.651/2009, S.T.No.25/1998, renumbered as S.T.No. 653/2009, S.T.No.28/1998, renumbered as S.T.No. 656/2009, S.T.No.26/1998, renumbered as S.T.No. 654/2009 and S.T.No.24/1998, renumbered as S.T.No. 652/2009 on the file of Additional Chief Judicial Magistrate's Court (Economic Offences), Ernakulam as against the petitioner are quashed. 22nd October, 2009 (M.Sasidharan Nambiar, Judge) tkv