IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Crl.MC.No. 848 of 2011() ----------------------------- PETITIONER(S): ACCUSED ------------------------------- KURIACHAN CHACKO, MANAGING PARTNER, LIS (REGISTERED) PALAKKAL COURT, M.G.ROAD, ERNAKULAM. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S):COMPLAINANT/DEFACTO COMPLAINANT -------------------------------------------------------------------- 1. THE STATE OF KERALA, (THE DETECTIVE INSPECTOR, CRIME BRANCH C.I.D. EOW-II, ERNAKULAM SUB UNIT), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SMT.MARY JOY, CHAVARA VEEDU, HOSTEL ROAD, NOCHIMA, N.A.D.P.O-KOCHI-683 563. R1 BY PUBLIC PROSECUTOR SRI.JAIBY PAUL R2 BY ADV. SMT.DHANYA P.ASHOKAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.848/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I:COPY OF THE APPLICATION SUBMITTED BY THE SECOND REPSONDENT ON 17/05/2008. ANNEXURE II:COPY OF THE PETITION DATED 26/11/2009 BY THE SECOND RESPONDENT TO SUTHARYA KERALAM. ANNEXURE III:COPY OF THE STATEMENT OF SRI.BINEESH, THE ASSISTANT MANAGER OF THE PETITIONER'S FIRM. ANNEXURE IV:COPY OF THE CHEQUE DRAWN IN FAVOUR OF THE SECOND RESPONDENT. ANNEXURE V:COPY OF THE F.I.R. IN CRIME NO.451/CR/EOW-II KTM/2010 OF TVM C.B.C.I.D. HEAD QUARTERS. ANNEXURE VI: COPY OF THE LETTER DATED 19/02/2011 OF THE SECOND RESPONDENT. ANNEXURE VII: COPY OF THE AFFIDAVIT SWORN TO BY THE SECOND RESPONDENT ON 19/02/2011. ANNEXURE VIII: COPIES OF THE POSTAL RECEIPT SHOWING THE DESPATCH OF THE COPIES OF ANNEXURE-VI LETTER TO THE 1ST RESPONDENT AND TO THE SUPERINTENDENT OF POLICE C.B.C.I.D. KOTTAYAM. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P. Ray, J. ==================================== Crl.M.C.848/2011 ==================================== Dated this the 7th day of July, 2011. ORDER Petitioner is the accused in Crime No.672/2006 of Ernakulam Central Police Station and C.C.No.219/2006 on the file of the Chief Judicial Magistrate, Ernakulam for offences punishable under Section 420 I.P.C. and Sections 3, 4 and 5 of Prize Chits and Money Circulation Scheme (Banning) Act, 1978 and Sections 45(1)(bb), 45 (5) and 58(b) of Reserve Bank of India Act, 1934. The crime was registered on the basis of a complaint made by the second respondent, the defacto complainant alleging that the petitioner delayed repayment of Rs.10,000/- due to her. When the second respondent made a complaint to the Chief Minister's Complaint Redressal Unit, the same has been forwarded to the first respondent for enquiry. During enquiry, the Assistant Manager of the petitioner's firm has given a statement undertaking to pay off all the amounts to the second respondent by 31.1.2010. Crl.M.C.848/2011 -:2:- 2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Learned counsel for the petitioner submits that the matter has been settled out of court. If that be so, the parties shall appear before the Magistrate referred to above within one month from today and the learned Magistrate shall record the statement of the petitioner and the defacto complainant and if he is satisfied that the matter has been settled between the parties, he shall close the case. Crl.M.C. is disposed of as above. B.P. Ray, Judge. sl. “Crime No.672/2006 of Ernakulam Central Police Station” and “C.C.No.219/2006 on the file of the Chief Judicial Magistrate, Ernakulam” occurring in lines 1, 2 and 3 of the 1st paragraph of the order dated 7-7-2011 in Crl.M.C.No.848/2011 are corrected and substituted as “Crime No.451/CR/EOW-II/KTM/2010 of TVM C.B.C.I.D. Headquarters pending before the Judicial First Class Magistrate Court-1, Aluva”. Vide order dated 2-8-2011 in Crl.M.A.No.4756/2011 in Crl.M.C.No.848/2011. Sd/- Registrar (Judicial)