P. T. ROY BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners who seek to quash Annexure A2 final report in C.C. No.1762/2012 laid before JFCM-III, Punalur for offences punishable under Sections 120(B) , 420 and 149 IPC are accused 2, 3, 6 and 7.

(2.) The first accused is the managing partner of Jayabharatham Financiers which is a registered firm. The petitioners are the partners of the firm. The prosecution allegation is that the 2nd respondent, defacto complainant and CW2 made fixed deposits with the firm on 30.01.2006 for an amount of Rs. 3 lakhs and 1 lakh respectively for a period of 36 months. Even after expiry of the fixed deposit period, the amounts were not returned as undertaken by the firm. According to the prosecution, the impugned acts of the petitioners amounted to cheating.

(3.) The grounds taken by the petitioners for quashing Annexure A2 final report are that they are not partners of the firm after it having been dissolved in the year 1995. In this respect, Annexure A6 judgment dated 17.01.2009 in O.S. No. 270/1995 filed by some of the partners for settlement of accounts and for dissolution etc. was relied on. It is also contended that there is no allegation to the effect that these petitioners ever received the amount from depositors directly or they individually induced any person to make deposits with the firm.