2025:KER:27144 CRL.MC NO. 3028 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 CRL.MC NO. 3028 OF 2025 CRIME NO.1334/2019 OF NORTH POLICE STATION, ALP, ALAPPUZHA AGAINST THE ORDER/JUDGMENT IN CC NO.158 OF 2021 OF CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA PETITIONER: SUMAVATHY. V. V AGED 66 YEARS W/O ASOKAN, CHITHIRA’ (MARUTHACHIKKAL), KUTHIORAPANTHI WARD, THIRUVAMBADI PO, ALAPPUZHA DISTRICT., PIN - 680022 BY ADVS. RAJ CAROLIN V. C.R.JAYAKUMAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 THE STATION HOUSE OFFICER, NORTH POLICE STATION, BAZAR PO, ALAPPUZHA DISTRICT., PIN - 688012 3 THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION 2025:KER:27144 CRL.MC NO. 3028 OF 2025 2 LTD. NO. 679, HEAD OFFICE, POST BOX NO. 4616, ALAPPUZHA DISTRICT., PIN - 688012 BY ADVS SMT. PUSHPALATHA. M.K. SR.PP. SRI. P.C. SASIDHARAN FOR R3. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27144 CRL.MC NO. 3028 OF 2025 3 ORDER The petitioner is the 1st accused in Crime No.1334 of 2019 registered at the North Police Station, Alappuzha, for offences punishable under Sections 409, 477A and 34 of IPC, now pending as CC.No.158 of 2021 on the files of the Chief Judicial Magistrate Court, Alappuzha. 2. The crime was registered on a complaint filed by the 3rd respondent alleging that, while working as a Junior Superintendent in the Coirfed, petitioner along with the other accused, misappropriated Rs.6,12,587/- from the funds of the Coirfed by falsifying its accounts. 3. Learned counsel for the petitioner submits that his client had superannuated in 2017, after 35 years of unblemished service. Two years after her retirement, certain anomalies were noted in the accounts of the Coirfed and thereupon the complaint, which led to the registration of the crime, was filed. As the petitioner was not responsible for the anomalies in the accounts, she approached the High Court by filing WP(C). No.16200 of 2021. That writ petition was disposed 2025:KER:27144 CRL.MC NO. 3028 OF 2025 4 of by Annexure A3, directing the Registrar of Co-operative Societies to consider the representation in terms of Section 87 of the Kerala Cooperative Societies Act. Thereafter, the Director Board of the Coirfed decided to go for arbitration and, accordingly, an arbitration suit was filed. After detailed hearing, the Arbitrator passed Annexure A7 award, finding only an amount of Rs.3,897/-, with interest @ 12% from 01.08.2024, to be due from the petitioner. The said liability was cleared by the petitioner, evidenced by Annexure A8 cash receipt. It is contended that continuation of the criminal prosecution with respect to a civil liability, which is no longer in subsistence, amounts to abuse of process of court. 4. Learned Standing Counsel for the Coirfed submitted that the complaint was lodged when serious anomalies were noted in the accounts pertaining to the petitioner’s period. The proceedings have culminated in Annexure A7 order of the Arbitrator and the petitioner has also cleared her liability. 5. The above submissions make it abundantly clear that the liability cast on the petitioner is with respect to certain minor anomalies that had occurred while she was in service. 2025:KER:27144 CRL.MC NO. 3028 OF 2025 5 Being so, she cannot be imputed of having committed falsification of accounts and misappropriation of money. Moreover, the amount found due from the petitioner has been remitted by her. For the aforementioned reasons, the Crl.M.C. is allowed, and all further proceedings in CC.No.158 of 2021 on the files of the Chief Judicial Magistrate, Alappuzha, as against the petitioner, is quashed. Sd/- V.G.ARUN JUDGE SPV 2025:KER:27144 CRL.MC NO. 3028 OF 2025 6 APPENDIX OF CRL.MC 3028/2025 PETITIONER’S ANNEXURES ANNEXURE A1 TRUE COPY OF THE FIR NO. 1334/2019 DATED 09/08/2019 OF NORTH POLICE STATION, ALAPPUZHA DATED 09.08.2019 ALONG WITH THE PETITION NO. 43575/2019 AND THE RECEIPT ISSUED FROM THE OFFICE OF THE DYSP, ALAPPUZHA ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO. 1334/2019 DATED 30/12/2020 OF NORTH POLICE STATION, ALAPPUZHA ANNEXURE A3 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN WP(C) NO. 16200/2021 DATED 05/07/2023 ANNEXURE A4 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN RP NO. 455/2023 DATED 05/07/2023 ANNEXURE A5 TRUE COPY OF THE MINUTES OF THE BOARD MEETING HELD ON 11/07/2024 ANNEXURE A6 TRUE COPY OF THE PLAINT IN ARC NO. 3/2024 LODGED BY THE 3RD RESPONDENT BEFORE THE DIRECTOR OF COIR DEVELOPMENT, THIRUVANANTHAPURAM ANNEXURE A7 TRUE COPY OF THE AWARD IN ARC NO. 3/2024 DATED 14/01/2025 PASSED BY THE DIRECTOR OF COIR DEVELOPMENT, THIRUVANANTHAPURAM ANNEXURE A8 TRUE COPY OF THE CASH RECEIPT NO. 11818 DATED 21/02/2025 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT BY ACCEPTING RS. 4,157/- RESPONDENTS’ ANNEXURES: NIL //TRUE COPY// PA TO JUDGE