IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Crl.MC.No. 1777 of 2009 ------------------------- CC.784/2003 of CHIEF JUDL.MAGISTRATE, ERNAKULAM (R.C.No.6(E)/2002/CBI/EOW/CHENNAI) .................... PETITIONER(S): ACCUSED 1 AND 3 ------------------------------ 1. M/S. SIPCO MASALAS LIMITED, REGISTERED OFFICE AT NO. VI/207, JEW TOWN, COCHIN-682002, REPRESENTED BY ITS DIRECTOR, T. VIDYASAGAR. 2. T. VIDYASAGAR, DIRECTOR, M/S. SIPCO MASALAS LIMITED, REGISTERED OFFICE AT NO. VI/207, JEW TOWN, COCHIN-682002. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CBI, CHENNAI UNIT, REPRESENTED BY STANDING COUNSEL, HIGH COURT OF KERALA. 3. THE DENA BANK, MATTANCHERTY BRANCH, REPRESENTED BY ITS MANAGER. R1 BY PUBLIC PROSECUTOR SRI.AMJAD ALI. R2 BY ADV.SRI.M.V.S.NAMBOOTHIRI, SC FOR CBI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dkr M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1777 of 2009 ================== Dated this the 1st day of June, 2009. O R D E R Petitioners are accused 1 and 3 in C.C.No.784/2003 on the file of the Chief Judicial Magistrate Court, Ernakulam, investigated by C.B.I. The offences alleged against the accused are under Sections 120B, 420, 467, 468 and 471 of Indian Penal Code. This petition is filed under Section 482 of the Code of Criminal Procedure to quash Annexure A final report contending that the entire amount due to 3rd respondent, Dena Bank, was subsequently paid as evidenced by Annexure B order of the Debt Recovery Tribunal, Ernakulam. 2. Annexure B order dated 28/6/2006 establish that Rs.3,20,75,000/- due to 3rd respondent Bank from M/s Sipco Masalas Ltd. was received by the Bank pursuant to the settlement and therefore Bank has expressed their willingness to return the title deeds, tax receipts and encumbrance certificate produced by them to the company. Crl.M.C.No.1777/2009 -2- The question is whether on such settlement or payment of the amount due to the Bank, the final report or the criminal case can be quashed as sought for. 3. Even if Annexure B order is accepted it would only show that the entire amount due to 3rd respondent Bank from the accused as Directors as well as the Company was received in June, 2006. That will not absolve petitioners from the criminal liability alleged against them. Allegation against petitioners in Annexure A charge, based on which cognizance was taken by Chief Judicial Magistrate, is that petitioners have forged export bills, GR Forms, Bill of Ladings, etc. and discounted them. Considering the nature of the offences, I do not find it proper or in the interest of administration of justice, to quash the criminal case on the ground that amount due to the Bank was subsequently paid. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr Crl.M.C.No.1777/2009 -3-