IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 CRL.MC.NO. 560 OF 2011() -------------------------------------- CRIME NO.211 OF 2002 OF RAJAPURAM POLICE STATION AND C.C. NO.253 OF 2003 (LPC.93/2008) OF JUDL.MAGISTRATE OF FIRST CLASS-I, HOSDRUG .................... PETITIONER(S): ACCUSED -------------------------------------- VIJAYAKUMAR.C., AGED 34 YEARS, S/O.ACHUTHAN, CHAKKITTADUKKAM, ATTAYANGANAM P.O., BELUR GRAMAM. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): DEFACTO COMPLAINANT/COMLAINANT ----------------------------------------------------------------------------------- 1. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KASARAGOD-671 121. 2. THE MANAGER, INDIAN OVERSEAS BANK, ODAYANCHAL BRANCH, KASARAGOD-671 121. 3. STATE- REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.560 of 2011 ==================================== Dated this the 22nd day of February, 2011 O R D E R Petitioner is accused in Crime No.211 of 2002 of Rajapuram Police Station and C.C. No.253 of 2003 (LPC No.93 of 2008) of the court of learned Judicial First Class Magistrate-I, Hosdurg for offences punishable under Sections 406, 420 and 483 of the Indian Penal Code. Case is that petitioner availed `.75,000/- under the PMRY RDP Scheme on 17.05.1999 from respondent No.2-Bank for running a grocery shop, sold the mortgaged items against terms of the loan agreement, defaulted payment and thereby committed the offences. Proceeding is sought to be quashed on the ground that petitioner has subsequently remitted the entire amount payable to the Bank as revealed by Annexure-AIV. I have heard learned counsel for petitioner and the learned Public Prosecutor also. 2. Mere subsequent payment of the amount is no ground to quash proceeding against petitioner. Nor does it make the alleged act anything less than an offence. Hence the proceeding against petitioner cannot be quashed for the reason of subsequent CRL.M.C. No.560 of 2011 -: 2 :- payment of the amount. 3. Learned counsel submits that coercive steps are pending against petitioner and petitioner may be permitted to appear in the trial court and a direction may be issued to the leaned Magistrate to dispose of the case as early as possible. Having regard to the facts and circumstances of the case I am inclined to grant some relief to the petitioner. Resultantly, Criminal Miscellaneous Case is dismissed. But it is directed that coercive steps against petitioner will stand in abeyance for a period of three weeks from this day. Petitioner shall appear in the trial court within the said period and file necessary application for bail. If any such application is preferred learned Magistrate shall consider the same bearing in mind that final report is already filed and pass appropriate orders as early as possible. Learned Magistrate may also consider whether the case could be disposed of at the earliest. THOMAS P. JOSEPH, JUDGE. vsv