NIMMY MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the 1st accused in C.C. No.389 of 2021 pending trial on the files of the Chief Judicial Magistrate's Court, Alappuzha, is aggrieved by the order dtd. 25/8/2023 in CMP No.2035 of 2023 in C.C. No.389 of 2021.

(2.) The Station House Officer, Alappuzha registered Crime No.894 of 2018 against the petitioner for offences punishable under Ss. 201, 406, 420, 468 and 471 read with Sec. 34 IPC. The prosecution alleged that the revision petitioner was the Cashier of Kavitha ITC from 21/4/2014 to 3/3/2016. The 2nd accused is the petitioner's husband who was working as Office Assistant in the Company. Both the husband and wife together, in furtherance of their common intention to cheat the Company, misappropriated an amount of ?37,02,753/- and destroyed the receipt books for the relevant period. They have also made alterations and corrections in the cash book. On these premises, the petitioner and her husband were alleged to have committed offences punishable under Ss. 201, 406, 420, 468 and 471 read with Sec. 34 IPC.

(3.) On receipt of report from the Police, the petitioner filed application under Sec. 239 of the Code of Criminal Procedure seeking discharge. The Chief Judicial Magistrate considering the application of the petitioner passed the order dtd. 25/8/2023 rejecting the application for discharge.