IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 2608 of 2005 -------------------------------------- CC.119/2004 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER/A1 & PERSON SHOWN AS REP. R1: 1. CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD., TIAM HOUSE, 28, RAJAJI SALAI, CHENNAI, REP. BY ITS ASSISTANT MANAGER (LEGAL) S. SUDHAKAR SHENOY. 2. ANANDAN, MANAGING DIRECTOR, CHOLAMANDALAM INVESTMENT AND FINANCE CO LTD., TIAM HOUSE, 28, RAJAJI SALAI, CHENNAI. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS/STATE & COMPLAINANT: 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.N.UNNIKRISHNAN, MANAGING PARTNER, U.B.C., NETHALI ROAD, PADIVATTOM, EDAPPILLY, KOCHI-24. PUBLIC PROSECUTOR SRI.MUHAMMED PUZHAKARA SRI.BABU KARUKAPADATH FOR R2 SRIK.A.NOUSHAD FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------- Crl.M.C.No.2608 of 2005 ----------------------- ORDER Petition filed under Section 482 of the Cr.P.C. 2. Heard counsel for the petitioner. After going through the entire records made available before me, I am not of the view that Annexure-A1 complaint does not make out any offence as alleged or that there is sufficient reason why the proceedings initiated in the court below has to be quashed, as it cannot be said, on the materials placed before me, that the complaint is designed to harass the petitioner or that there is absolutely no material in the case to enable the case to end in a conviction of the petitioner/accused. The proceedings in C.C.No.119/04 of the court below is, hence, not liable to be quashed. 3. The request made by the counsel for the petitioner to grant exemption to the second CRMC 2608/05 2 petitioner, who is the Managing Director of the first petitioner Company, is a matter that can be urged before the court below and it does not deserve to be considered by this Court. Without prejudice to the petitioner advancing arguments in the court below for a discharge, if at all charge is not already framed, I dismiss this Crl.M.C. 29th October, 2008 (K.P.Balachandran, Judge) tkv