IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Crl.MC.No. 1811 of 2009(B) ------------------------------------ CC.147/2009 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S)/ACCUSED: ------------------------------------- GOKUL VARMA, S/O.RAVINDRA VARMA MANAGER, SHRIRAM TRANSPORT FINANCE COMPANY LTD THALASSERY BRANCH, 4TH FLOOR, HYPER CENTRE, NEW RAILWAY STATION ROAD, THALASSERY. BY ADV. SRI.RAJESH NAMBIAR RESPONDENT(S)/COMPLAINANT & STATE: ------------------------------------------------------------- 1. JAYAPRAKASH.E, S/O.MUKUNDAN BUS OPERATOR, KURRAYIL HOUSE, P.O.MUNDALLOOR KADACHIRA,KANNUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. SRI.K.P.HAREENDRAN FOR R1 SMT.MIJI JOHN FOR R1 PUBLIC PROSECUTOR SRI.AMJAD ALI FOR R2. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1811 of 2009 -------------------------- ORDER Petitioner is the accused in C.C.No.147/2009 on the file of Additional Chief Judicial Magistrate's Court, Thalassery, taken cognizance by the Magistrate on a complaint filed by first respondent alleging that petitioner committed the offence under Section 379 of Indian Penal Code. Allegation is that petitioner committed theft of a bus on 3.3.2009, while the bus was proceeding to Thalassery from Panoor. 2. Crl.M.Appl.No.3973/2009 is jointly filed by the petitioner and first respondent stating that all the disputes between them were amicably settled and first respondent remitted Rs.2,50,575/- before Additional Chief Judicial Magistrate's Court, Thalassery towards the dues payable and remitted an amount of Rs.2,74,425/- to the company towards the balance amount payable and therefore, first CRMC 1811/09 2 respondent does not desire to prosecute the petitioner. In the light of the settlement, there is no necessity to continue the proceedings. Petition is allowed. C.C.No.147/2009 on the file of Additional Chief Judicial Magistrate's Court, Thalassery as against the petitioner is quashed. First respondent has agreed that Rs.2,50,575/- deposited by him before the court could be released to the petitioner company. Magistrate may release the amount to Shriram Transport Finance Company Limited, if the amount is deposited. 17th July, 2009 (M.Sasidharan Nambiar, Judge) tkv