IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Crl.MC.No. 4283 of 2010 ---------------------------------- [CC.NO.80/2009 OF JUDL.MAGISTRATE OF FIRST CLASS COURT, KAYAMKULAM] .................... PETITIONERS/ACCUSED: ------------------------------------ 1. HARRIS. H., S/O. HANEEFA, PADA NORTHIL KIZHAKKETHIL, KARUNAGAPPILLY P.O., KOLLAM. 2. HANEEFA .M., S/O. MOHAMMED KUNJU, PADA NORTHIL KIZHAKKETHIL, KARUNAGAPPILLY P.O., KOLLAM. BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN HARIHARAN. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. M/S. SHRIRAM TRANSPORT FINANCE COMPANY LTD., EARLIER KNOWN AS M/S. SHRIRAM INVESTMENTS 40, 786, NEAR KRISHNA NURSING HOME, CHITTUR ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGER S.SUMESH – 682 311. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4283 OF 2010 --------------------------------------------- Dated 21st October, 2010 O R D E R Petitioners are accused in C.C.80/2009 on the file of Judicial First Class Magistrate's Court, Kayamkulam, taken cognizance on Annexure-I complaint filed by first respondent. Petition is filed under Section 482 of Code of Criminal Procedure contending that continuation of the proceedings is an abuse of process of the Court in view of pendency of arbitration proceedings. 2 Learned counsel appearing for the petitioner was heard. 3. On the facts, I do not find that it is for this Court to quash the proceedings as sought for. Petitioners are Crmc 4283/10 2 at liberty to raise all the contentions raised herein before the learned Magistrate and seek an order of discharge under Section 239 of Code of Criminal Procedure in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.