DEVI Vs. STATE

JUDGEMENT

(1.) The case of the prosecution is that one Pappa Rajendran floated a company called M/s. Alwin Golden City Limited in the year 2009 and introduced different schemes, whereby, money was collected from various persons by promising to allot them housing plots. It is stated that nearly 200 persons made the investment. The petitioners herein (wife and brother of the said Pappa Rajendran) were also actively involved in the running of the company and were Directors in the said Company. The accused persons are said to have gone back on the promise and neither housing plots were allotted nor the money was refunded to the depositors.

(2.) The learned counsel appearing on behalf of the petitioner in Crl. OP No. 5160 of 2019 submitted that this petitioner did not take any part in the affairs of the company, till her husband was alive and the entire affairs was managed by Pappa Rajendran and his brother. All of a sudden, he died on 1/12/2015 and the brother of Pappa Rajendran committed misappropriation in the Company by forming a separate company and diverting even his customers. Therefore, there was a dispute between this petitioner and the brother of the late Pappa Rajendran and he instigated several persons to give complaints against this petitioner and this petitioner also attended the enquiry conducted by the respondent police and gave her explanation. Subsequently, the petitioner took charge of the Company. The learned counsel further submitted that a petition has been filed before the Company Law Tribunal seeking for various relief and any one who has claims against the Company can always file their claim before the Company Law Tribunal. The learned counsel further submitted that this petitioner intends to settle the properties to the persons from whom the money has been collected.

(3.) The learned counsel appearing on behalf of the petitioner in Crl.OP No. 5423 of 2019 submitted that this petitioner has moved out of the Company immediately after the demise of Pappa Rajendran and the wife of Pappa Rajendran has taken charge as Chairman and Managing Director in the year 2015 itself. The learned counsel therefore submitted that this petitioner is not involved in the affairs of the Company from the year 2015 onwards and therefore, he should not be made liable for the dues payable to the customers.