P. GOPINATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the 8th accused in C.C.No.157/2013 on the files of JFCM-IV, Kozhikode, charge sheeted for offences punishable under Sections 403, 406, 409, 417, 418, 424 read with Section 34 IPC, seeks to quash Annexure-1 final report under Section 482 of the Cr.P.C.

(2.) Annexure-1 was instituted by Circle Inspector of Police, Nadakkavu Police Station, on the basis of a complaint lodged before him by the 2nd respondent who is the de facto complainant. She and 1st accused in the crime are two partners who under a partnership agreement dated 28.04.2004 established 'GMT computer' training institute in Kasaba within the limits of Kozhikode Corporation, incorporating terms and conditions as to sharing of profits and losses between them. A2 was appointed as the Manager of the Firm. The two partners opened an account in their joint names with Punjab National Bank, SM Street Branch, Kozhikode. A3 to A9 are the bank officials who cleared the cheques drawn against the account of the Firm at different periods since 2009 till 2011.

(3.) The allegation against the 1st accused, the partner is that he denied the de facto complainant's right to access the income and expenditure accounts and excluded her from the profits of the Firm illegally. He joined hands with A2 and made wrongful gain of Rs.20,82,120/- for himself by drawing 140 cheques against the joint account of the Firm without the knowledge of de facto complainant after influencing the Bank officials during the relevant period.