K.P RAMDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in C.C.No.640/2011 on the files of the Judicial First Class Magistrate Court-I, Kannur. He is the Managing Director of a Company called Kerala Express Cargo Lines (P) Ltd.

(2.) An establishment by the name, 'Keltron Resistors', had entrusted M/s. Kerala Express Cargo Lines Pvt. Ltd.,' [for short, 'the Company'] with 1400 Kgs. of tinned copper wire to be transported from Chennai Port to the warehouse of the defacto complainant at Kannur. When the tinned copper wire entrusted with the Company reached the warehouse of the defacto complainant on 21/5/2011, it was noticed on verification, that copper wires worth Rs.3,60,000.00 were lost/missing, thereby causing loss to the defacto complainant. Alleging that the Company, which was entrusted with the work of transportation, acted contrary to the terms of the contract, a crime was registered arraying the Managing Director of the Company as the accused for committing the offence of criminal breach of trust punishable under Sec. 406 of the Indian Penal Code, 1860. Thus proceedings were initiated against the petitioner.

(3.) Sri.V.Vinay, the learned counsel for the petitioner, submitted that even if the entire prosecution case is assumed to be admitted for argument sake, still an offence under Sec. 406 of the IPC is not made out and, therefore, the continuance of proceedings before the Magistrate's Court is an abuse of the process of the court.