MOHANAN GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Cr.P.C. and the petitioner who is the 3rd accused in Crime No. 133/2017 of Kadavanthara Police Station, wants to quash Annexure A1 FIR pertaining to him.

(2.) Heard both sides and perused the relevant documents.

(3.) The learned counsel appearing for the petitioner would submit that this crime was registered based on the allegation that the company and its Directors obtained Rs.36,50,000.00 from the de facto complainant and issued invoice for the same on 31/3/2016. However, as per Annexure A4 Form No. DIR-12, particulars of appointment of Directors and the key managerial personnel and changes among them, the petitioner was appointed as Director only with effect from 6/8/2016 and he was not the Director of the company during the relevant period of crime. Therefore, the petitioner has no role in the allegation in the FIR and as such the FIR against the petitioner/3rd accused is liable to be quashed.