IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Crl.MC.No. 941 of 2005() ----------------------------- CC.4/2004 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S): 4TH ACCUSED: ------------------------------------- MR.JAGADEESAN, MANAGER, P.B.DIVISION, STATE BANK OF INDIA, KASARAGOD. BY ADVS. SRI.K.K.CHANDRAN PILLAI SRI.SUDHEESH.A. RESPONDENT(S): COMPLAINANT AND ACCUSED 1 TO 3 AND 5 AND ANOTHER: ---------------------------------------------------------------- 1. M/E.ESWAR ENTERPRISES, 37/1765, M.K.K.NAIR ROAD, OPPO.VARKEYS SUPERMARKET, PALARIVATTOM, KOCHI 25, REPRESENTED BY ITS MANAGING PARTNER, MR.GIRI RAJ SHARMA. 2. KUNHIMON, S/O.ULAHANNAN, MUKKUZHY, THANYANNUR P.O. HOSDURGE, KASARAGOD. 3. JOBY, C/O.NET TRAVELS, H.B. 2,PANANPILLY NAGAR, KADAVANTHARA, ERNAKULAM 682 020. 4. K.J.ABRAHAM, KOLLAKATTIL HOUSE, NEEZHOOR P.O. 5. RAVI BSATKAL, CHIEF MANAGER, STATE BANK OF INDIA, KASARAGOD. 6. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA. ERNAKULAM. R1 BY ADVS. SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW R2 & R3 BY ADV. SRI.JOSE JOSEPH (MANNAR) R4 BY ADV. SRI.P.K.RAVISANKAR R6 NU PUBLIC PROSECUTOR SRI. B. VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO.941/2005 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:COPY OF C.C. NO.2094/2004 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - 1, ERNAKULAM. ANNEXURE 2:COPY FIXED DEPOSIT RECEIPT . ANNEXURE 3:COPY OF LETTER DATED 29/03/2004 SENT TO THE RESPONDENT. ANNEXURE 4:COPY OF LETTER DATED 06/04/2004 GIVEN TO THE 1ST RESPONDENT. ANNEXURE 5: COPY OF LETTER DATED19/04/2004 FIVEN TO THE 1ST RESPONDENT. ANNEXURE 6: COPY OF LETTER DATED 25/05/2004 SENT BY THE 1ST RESPONDENT TO THE BANK. ANNEXURE 7:COPY OF REPLY DATED 05/06/2004 GIVEN BY THE BANK TO THE 1ST RESPONDENT. ANNEXURE 8:COPY OF THE SUMMONS RECEIVED FROM THE JUDICIAL FIRST CLASS MAGISTRATE COURT - 1., ERNAKULAM. RESPONDENT'S ANNEXURES: ANNEXURE R1:COPY OF THE LAWYER'S NOTICE DATED 22/04/2004. ANNEXURE R2:COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 20/01/2004. ANNEXURE R3:COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 09/02/2004. ANNEXURE R4:COPY OF THE STATEMENT WRITTEN BY SHIRLY STAFF OF THE 1ST RESPONDENT DATED 12/02/2004. /TRUE COPY/ P.A. TO JUDGE. svs B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 941 of 2005 - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2011. O R D E R The petitioner, who is the Manager of State Bank of India, Kasaragod, has been arrayed as 4th accused in C.C No.2094 of 2004 on the file of the Judicial First Class Magistrate-I, Ernakulam for offences punishable under Sections 403, 405, 408, 418, 420, 423, 424, 203 and 503 r/w Sections 34 and 120B IPC. The prosecution case against the petitioner is that the complainant had the original deposit receipt which was endorsed and entrusted with him as security on the basis of some agreement, without informing the petitioner and accused No.5 that the 2nd respondent has authorised the 1st respondent to encash the same, and that the accused colluded with the 2nd respondent by disbursing the amount and thereby they have committed the offence. The petitioner who was the Chief Manager of the Bank subsequently left the service of the Bank and he is no more in the Bank. The learned counsel for the petitioner states that the fact of endorsement was not brought to the notice of the petitioner and after maturity the amount was Crl.M.C. No. 941/2005 -:2:- disbursed in favour of the 2nd respondent. There is no intimation that the complainant has lien over the Fixed Deposit and this was not done within the knowledge of the petitioner. In spit of repeated adjournments, the complainant has not entered appearance in the court to substantiate the allegations. There is no allegation in the complaint also that the petitioner has the knowledge of any endorsement in the Fixed Deposit Receipts to the effect that the complainant has a lien over the alleged Fixed Deposit. I do not find any prima facie case against the petitioner on the alleged offence. Therefore, I direct that the name of the petitioner shall be deleted from the case and the prosecution against the petitioner under the aforementioned Sections in C.C No.2094 of 2004 pending before the Judicial First Class Magistrate-I, Ernakulam shall be treated to be closed. This Crl.M.C. is allowed as above. sd/- B.P. RAY, JUDGE. rv