Rejith Kumar v. State of Kerala
In the High Court of Kerala
B.A. 3990/2017
Before Justice Sunil Thomas
Decided on July 13, 2017

Relevancy of the case: Anticipatory bail application in a case involving forging of digital signatures and documents filed with ROC

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 65, 66, 66C, 66D, 66F)
• The Indian Penal Code, 1860 (Section 34, 120B, 420, 468, 471, 475, 476, 485)
• The Code of Criminal Procedure, 1973 (Section 438)

Relevant Facts of the Case

• Complainant is the managing director of a Private Limited Company, named M/s. Cannon Holidays Limited.
• He lodged a complaint against accused 1 to 6 that in furtherance of their common intention to cheat, they forged documents, which included electronic devices, by posing themselves as the directors of the company. They enjoyed wrongful gain and caused wrongful loss to the company and the de facto complainant.
• The accused also obtained digital signature and documents such as forged resignation letter, board resolution, etc., by opening the email account of the complainant. The documents were submitted to the Registrar of Companies thereby claiming themselves as directors of the company.
• This is an anticipatory bail application as the petitioner apprehends arrest.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the complainant along with accused 1 and 3 purchased a land jointly, by registering two companies during 2010-2012. Later, a dispute arose which was resolved through a settlement. Shares of the company were agreed to be sold by some directors and a Memorandum of Understanding (MOU) was prepared which described the terms of the contract. It was contended that even after mediators were involved the dispute could not be resolved, and hence, the complaint was filed.

Opinion of the Bench

• After perusing the transaction between parties and the allegations made by them, it was observed that custodial interrogation of the petitioner was not necessary. This was also affirmed by the fact that all the other accused were also granted bail by the Sessions Court.

Final Decision

• Petition allowed.
• Anticipatory bail granted subject to certain conditions.

This case summary has been prepared by Loreal Sahay, an undergraduate student at the University School of Law and Legal Studies, GGSIPU, during her internship with The Cyber Blog India in January/February 2021.