Bizarre Marketing Systems Pvt. Ltd. and others v. State of Kerala and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941** ## **Crl.MC.No.941 OF 2017** **AGAINST THE ORDER/JUDGMENT IN CC 545/2013 OF CHIEF JUDICIAL MAGISTRATE COURT , KALPETTA** **CRIME NO.182/2011 OF CBCID, EOWIII, KOZHIKODE** ## **PETITIONERS/ACCUSED NO.1 TO 26:** - **1 BIZZARRE MARKETING SYSTEMS PVT.LTD. 44/3188, A-9, DESHABHIMANI ROAD, ERNAKULAM DISTRICT(REP. BY ITS DIRECTOR, ABDUL ARSHAD, S/O. SAYEED MUHAMMED, KANJIRIKKAPPALLY HOUSE, UDAYANAPURAM P.O, VAIKOM, KOTTAYAM DISTRICT.** - **2 BIZARRE GLOBAL MARKETING SYSTEMS LTD. (BGMS), 44/3188, A-9, DESHABHIMANI ROAD, ERNAKULAM DISTRICT(REP. BY ITS MD, ABDUL ARSHAD, S/O. SAYEED MUHAMMED, KANJIRIKKAPPALLIL HOUSE, UDAYANAPURAM P.O, VAIKOM, KOTTAYAM DISTRICT.** - **3 BIZARRE BUSINESS CORPORATION LTD. (BBC), 44/3188, A-9, DESHABHIMANI ROAD, ERNAKULAM DISTRICT(REP. BY ITS MD, ABDUL ARSHAD,S/O. SAYEED MUHAMMED, KANJIRIKKAPPALLY HOUSE, UDAYANAPURAM P.O, VAIKOM, KOTTAYAM DISTRICT.** - **4 BIZARRE INTERNATIONAL BUSINESS PVT. LTD. (BIB), 44/3188, A-9, DESHABHIMANI ROAD, ERNAKULAM DISTRICT(REP. BY ITS DIRECTOR, ABDUL ARSHAD, S/O. SAYEED MUHAMMED, KANJIRIKKAPPALLY HOUSE, UDAYANAPURAM P.O, VAIKOM, KOTTAYAM DISTRICT.** - **5 ABDUL ARSHAD AGED 39 YEARS, S/O. SAYEED MOHAMMED, KANJIRIKKAPALLIL HOUSE, UDAYANAPURAM P.O, VAIKOM, KOTTAYAM.** Crl.MC.No.941 OF 2017 2 - **6 GOPINATHAN AGED 55 YEARS, S/O. VELAYUDHAN NAIR, NANDANAM, KOLAZHY P.O, THRISSUR.** - **7 GEORGE ALEXANDER AGED 59 YEARS, S/O. E.M. ALEXANDER, EDUVAMPARA,MUNDANDA, PURAMATTOM P.O, PATHANAMTHITTA.** - **8 P. KRISHNA DAYAL AGED 45 YEARS, S/O. BALAKRISHNAN NAIR, CHANGARAMKANDATH HOUSE, PATTIYIL, ARIMPOOR P.O, THRISSUR.** - **9 KUNHI MUHAMMED AGED 48 YEARS, S/O. KUNHALAN, POOVAMTHODI HOUSE, VATTALLOOR, KURUVA, MALAPPURAM.** - **10 MAYA K.P, AGED 35 YEARS, W/O. PREMLAL, KONALIL HOUSE,T.V. PURAM, VAIKOM, KOTTAYAM.** - **11 NIJI K. MAJEED, AGED 35 YEARS, W/O. ARSHAD, KADAVIMADOM HOUSE, SUJATHA ROAD, THOPPUMPADI, ERNAKULAM.** - **12 NOUSHAD S, AGED 35 YEARS, S/O. SAYEED MUHAMMED, KANJIRIKKAPALLIL HOUSE, UDAYANAPURAM P.O, VAIKOM, KOTTAYAM.** - **13 JISHAMOL BAIJU, AGED 43 YEARS, W/O. BAIJU, KOTTAYIL HOUSE, CHARAMANGALAM, MAYITHARA P.O, CHERTHALA, ALAPPUZHA.** - **14 BEENA K.E, AGED 48 YEARS, W/O. GOPINATHAN, NANDANAM HOUSE, KOLAZHY P.O, THRISSUR.** - **15 ANEESH, AGED 29 YEARS, S/O. GOPALAKRISHNAN, SAIKRISHNA, MAMMIYOOR, GURUVAYOOR, THRISSUR.** - **16 NABEESA P.T AGED 53 YEARS, W/O. MOYTHEEN, PILAYTHODY HOUSE, NEAR BLOCK OFFICE, SULTAN BATHERY, WAYANAD.** Crl.MC.No.941 OF 2017 3 - **17 PRADEESH CHACKO AGED 39 YEARS, VELLAMATTATHIL HOUSE, NAGARAMCHAL, NOOLPUZHA, WAYANAD.** - **18 PRADEEP P.B AGED 34 YEARS, PONNAKATH HOUSE, NAMBIYARKUNNU, CHEERAL PO. WAYANAD.** - **19 BABURAJAN V.A AGED 46 YEARS, S/O. ACHUTHAN, CHIRAKKAMVAYAL HOUSE, CHEERAL P.O, WAYANAD.** - **20 SAJI KRISHNAN S/O. M.S. KRISHNAN, KILIPARAMBIL HOUSE, VAKERY, IRULAM VILLAGE, WAYNAD.** - **21 ARUN B AGED 36 YEARS, S/O. BHASKARAN NAIR, ARUN NIVAS, NEAR BLOCK OFFICE, SULTHAN BATHERY, WAYANAD.** - **22 PRADEESH P B AGED 32 YEARS, PONNAKATH HOUSE,NAMBIYARKUNNU, CHEERAL P.O, WAYANAD.** - **23 PRIYESH AGED 34 YEARS, S/O. JOSEPH, ALIKUZHI HOUSE, NADUKKOLLY, THOMATTUCHAL AMSOM, WAYANAD.** - **24 MANOJ M C AGED 36 YEARS, S/O. CHERIYAN, MANALIL HOUSE, KOTTALA P.O, THRISSUR.** - **25 SASIDHARAN AGED 52 YEARS, S/O. VELU, KALLUNGAL HOUSE, AYYANTHOL P.O, THRISSUR.** - **26 RATHISH, AGED 28 YEARS, S/O. SADANANDAN, KALLADATHIL HOUSE, PUTHOOR P.O, KAYNOOR, THRISSUR.** **BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN SRI.D.FEROZE SRI.V.VINAY** Crl.MC.No.941 OF 2017 4 ## **RESPONDENTS/STATE/DEFACTO COMPLAINANT AND WITNESSES:** - **1 STATE OF KERALA REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM - 682 031.(CRIME NO.491/2011 OF SULTHAN BATHERY POLICE STATION. WAYANAD DISTRICT AND RE- REGISTERED AS CRIME NO. 182/2011 CBCID EOW -III, KOZHIKODE.)** **2 SUMAVALLI KOYIKKALETH HOUSE, NEAR SAGAR THEATRE, SULTHAN BATHERY POST, SULTHAN BATHERY ,WAYANAD KERALA - PIN - 673 592.** - **3 THANKAMANI P PUTHIYAVEETTIL HOUSE, NEAR AG CHURCH, SULTHAN BATHERY POST, CHUNGAM, WAYANAD, KERALA, PIN - 673 592.** - **4 CHANDRIKA W/O. SREEDHARAN, KAITHAKKAL(H), KARAKKANDY,KUPPADY, WAYANAD,KERALA-673594** - **5 EBRAHIM M.K MADATHUMKUZHIYIL HOUSE, NAIKETTY, NIRAPPAM, NAIKETTY P.O, WAYANAD, KERALA, PIN - 673 592.** - **6 ABOOBACKAR V VELUTHENDIKKUNNU HOUSE, NIRAPPAM, NAIKETTY P.O, WAYANAD, KERALA, PIN - 673 592.** - **7 RAHIYANATH PALAKUNNU HOUSE, MATHAMANGALAM,NAIKETTY POST, SULTHAN BATHERY, WAYANAD, KERALA, PIN - 673 592.** - **8 HAJARA K.K KALARIKKANADY HOUSE, BICHARAM,NAIKETTY POST, MATHAMANGALAM WAYANAD, KERALA, PIN - 673 592.** - **9 BASHEER C CHERUVIL HOUSE, BEECHARATH, CHIRAKAMBAM, NAIKETTY P.O, WAYANAD, KERALA, PIN - 673 592.** Crl.MC.No.941 OF 2017 5 - **10 FATHIMA C.K ATTUKOLLI HOUSE, BICHARAM, NAIKETTY POST, MATHAMANGALAM, WAYANAD, KERALA, PIN - 673 592.** - **11 ABDUL KAREEM K.K KALARIKKANDI HOUSE, CHIRAKAMBAM, NAYIKATTY PO, WAYANAD, KERALA, PIN – 670 645** - **12 ASMA T.K KALARIKKANDI HOUSE, CHIRAKAMBAM, NAYIKETTY PO, WAYANAD, KERALA, PIN – 670 645.** - **13 AHNAS K.K S/O. ABDUL KARIM, KALARIKKANDI HOUSE, CHIRAKAMBAM, NAYIKETTY PO,WAYANAD, KERALA, PIN - 670645** - **14 SREEJA K.N KARNAL HOUSE, NAYIKETTY POST, MATHAMANGALAM,SULTHAN BATHERY,WAYANAD, KERALA, PIN - 673 592.** **R2-R14 BY ADVS. SRI.BENOJ C AUGUSTIN SMT.P.PARVATHY SRI.RAFEEK. V.K. SRI.SAIJO HASSAN SRI.VISHNU BHUVANENDRAN R1 BY SRI.SUMAN CHAKRAVARTHY, SENIOR GOVT.PLEADER RAMESH CHAND(PP)** **THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.03.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** Crl.MC.No.941 OF 2017 6 ## **ORDER** ## **Dated this the 4th day of March 2020** Petitioners are accused in CC No.545/2013 on the files of the Chief Judicial Magistrate Court, Kalpetta, for having allegedly committed offences punishable under Section 420 of IPC and 3 & 4 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978. 2. The petitioners 1 to 4 are Companies represented by its Managing Director and petitioners 5 to 26 are all Directors of these Companies. Respondents 2 to 14 are the complainants who have been allegedly cheated. They have all appeared through counsel and filed affidavits to the effect that the matter has been amicably settled with the petitioners and that they do not have any grievance against the petitioners. 3. Report has been submitted and the statement ## Crl.MC.No.941 OF 2017 7 filed by the detective inspector, CBCID, stating that, there are about 63 cases in which final report have been filed against the petitioners and still many crimes are pending investigation in which final reports are yet to be filed. Complaints made by the party respondents herein has been settled. Certain cases against the petitioners have ended in acquittal and some other cases have been settled and disposed of. 4. The learned counsel relies on two decisions of the Hon'ble Supreme Court in _**Gian Singh v. State of Punjab and Another, [2012 KHC 4530]**_ which has been referred to in _**Gold Quest International**_ _**Pvt. Ltd. v. State of Tamil Nadu and Others, [2014 KHC 4572]** ._ Similar offences are alleged against the accused Company named Gold Quest International Pvt. Ltd. The Hon'ble Supreme Court held that where the disputes are substantially matrimonial in nature, or the civil property disputes with Crl.MC.No.941 OF 2017 8 criminal facets, if the parties have entered into settlement, and it has become clear that there are no chances of conviction, there is no illegality in quashing the proceedings under Section 482 Cr.P.C r/w Art.226 of the Constitution. There are certain exceptions pointed out by the Hon'ble Supreme Court, where the jurisdiction under Section 482 Cr.P.C should not be exercise despite there being a settlement between the parties like in cases of rape, murder, robbery, dacoity, offences under the prevention of Corruption Act as well as Narcotic Drugs and Psychotropic Substances Act. The present case does not come within the category of cases excluded from the purview of Section 482 Cr.P.C. In Gian Singh's case also it has been stated that criminal cases having overwhelmingly and pre-dominatingly civil flavour stand on different footing for the purpose of quashing, particularly the offences arising Crl.MC.No.941 OF 2017 9 from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. 5. The circumstances in the present case would indicate that, it is a commercial transaction which has allegedly ended in cheating of certain persons. True, there are large number of cases pending against the petitioners. But from the facts and circumstances, it is very clear that, certain cases have already been settled and the petitioners are making earnest attempt to settle all the disputes. In the present case, there are 13 complainants whose grievances had already been redressed by the petitioners. Under the circumstances, I find that going for trial also will be exercising futility and wastage Crl.MC.No.941 OF 2017 **==> picture [16 x 9] intentionally omitted <==** of time. Hence, the petition is allowed, and the entire proceedings as against the petitioners in CC No.545/2013 on the files of the Chief Judicial Magistrate Court, Kalpetta, stands quashed under Section 482 Cr.P.C and the accused are discharged. ## **Sd/-** ## **ASHOK MENON** **JUDGE** SPK 11 Crl.MC.No.941 OF 2017 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** ## **ANNEXURE I** **CERTIFIED COPY OF THE FINAL REPORT IN CC NO.545/2013 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA.** **ANNEXURE II AFFIDAVIT DATED 23.11.2014 SWORN BY RESPONDENT NO.II.** **ANNEXURE III AFFIDAVIT DATED 24.11.2014 SWORN BY RESPONDENT NO.III.** **ANNEXURE IV AFFIDAVIT DATED 23.11.2014 SWORN BY RESPONDENT NO.IV.** **ANNEXURE V AFFIDAVIT DATED 20.01.2017 SWORN BY RESPONDENT NO.V.** **ANNEXURE VI AFFIDAVIT DATED 23.11.2014 SWORN BY RESPONDENT NO.VI.** **ANNEXURE VII AFFIDAVIT DATED 23.11.2014 SWORN BY RESPONDENT NO.VII.** **ANNEXURE VIII AFFIDAVIT DATED 24.11.2014 SWORN BY RESPONDENT NO.VIII.** **ANNEXURE IX AFFIDAVIT DATED 23.11.2014 SWORN BY RESPONDENT NO.IX. ANNEXURE X AFFIDAVIT DATED 23.11.2014 SWORN BY RESPONDENT NO.X.** **ANNEXURE XI AFFIDAVIT DATED 23.11.2014 SWORN BY RESPONDENT NO.XI.** **ANNEXURE XII AFFIDAVIT DATED 23.11.2014 SWORN BY RESPONDENT NO.XII.** Crl.MC.No.941 OF 2017 12 **ANNEXURE XIII AFFIDAVIT DATED 11.08.2016 SWORN BY RESPONDENT NO.XIII.** **ANNEXURE XIV AFFIDAVIT DATED 23.11.2014 SWORN BY RESPONDENT NO.XIV.** ## **RESPONDENT'S/S EXHIBITS: NIL** _//TRUE COPY//_ _PA TO JUDGE_