IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Crl.MC.No. 4289 of 2011() ------------------------- LPR.138/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): ACCUSED ---------------------- SANJEEV, S/O. KESAVAN, PROPRIETOR, M/S. SHREYAS EXIM, 37/3591, IST FLOOR, V.K. KARUNAKARAN SMARAKA LANE, KALOOR, KOCHI - 682 017. BY ADVS. SRI.C.HARIKUMAR SMT.V.V.ASHA RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 2. RAJESH, S/O. VASUDEVAN, EDAKKUNI HOUSE, PADUKKAD, VIYYOOR, THRISSUR - 680 010. R1 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4289 of 2011() APPENDIX PETITIONERS EXHIBITS ANNEXURE-A1-CERTIFIED COPY OF THE EFINAL REPORT NO.388 OF 2009 DATED 31/05/2009 CHALAKKUDY POLICE STATION. ANNEXURE-A2-TRUE COPY OF THE COMPLAINT IN CMP 2947/2009 FILED BEFORE JFCM, CHALAKKUDY. RESPONDENTS EXHIBITS NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4289 OF 2011 ( ) ------------------------------------------ Dated this the 15th day of December, 2011 O R D E R The petitioner is the sole accused in Crime No:388/2009 of Chalakkudy Police Station. After investigation charge sheet was laid against him for offences alleged under sections 417 and 420 of IPC. 2. The learned counsel for the petitioner submits that the allegation is that the defacto complainant (R2) had worked in the establishment of the petitioner and complaining of non receipt of salary, he left the office. 3. According to the petitioner the allegations are not true. It is further submitted by the learned counsel that the petitioner was not in station. He did not receive any information regarding this case and so he could not appear before the Court earlier and as such the case was renumbered under L.P. case and is now pending as LPR No:138/2010. Crl. M.C. No: 4289 OF 2011 ( ) -2- 4. The learned counsel submits that the dispute is actually of civil nature concerning the non payment of Rs.25,000/- which was stated to have been given by the 2nd respondent as security and salary/arrears of salary. The request made by the petitioner is that the learned Magistrate may be directed to grant bail to the accused on the same day he appears before the Court. 5. The petitioner will surrender before the learned Magistrate within two weeks from today. He will appraise the learned Magistrate of the reasons for his non appearance on earlier dates. The learned Magistrate will dispose of the petition as expeditiously as possible. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE jjj