IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 Crl.MC.No. 526 of 2009() ------------------------ CC.850/2003 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S)/ACCUSED: -------------------------------- JAHANGIR GOPAL , S/O.LATE GOPAL, AGED 51 YEARS, RESIDING AT APARTMENT NO.502, SMR CASTLE, NO.80, BANASWADI MAIN ROAD, BANGALORE 560 043. BY ADV. SRI.C.S.MANU RESPONDENT(S)/COMPLAINANT, BANK & ACCUSED 1, 3 AND 4: --------------------------------------------------------------------------- 1. CENTRAL BUREAU OF INVESTIGATION, KOCHI BRANCH REPRESENTED BY THE SUPERINTENDENT OF POLICE, CBI ,KOCHI BRANCH,KALOOR,KOCHI-682 017. 2. STATE BANK OF MYSORE REPRESENTED BY ITS MANAGER, CALICUT MAIN BRANCH, RAILWAY STATION LINK ROAD,KOZHIKODE 673 002. 3. BHARATH BHUSHAN AGARWAL, S/O.LATE GUPTA,RESIDING AT 3/1174, P.O.,NADAKKAVE, KOZHIKODE 673 011. 4. ANITHA AGARWAL, W/O.BHARATH BHUSHAN AGARWAL, RESIDING AT 3/1174, P.O.,NADAKKAVE, KOZHIKODE 673 011. 5. TONY THARAKAN, S/O.LATE P.V.GEORGE THARAKAN, RESIDING AT PARAYIL HOUSE, THYNOTHIL ROAD, ALUVA, ERNAKULAM 683 101. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 526 OF 2009 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2009. O R D E R This petition is filed with a prayer to quash the criminal proceedings on the ground that the matter has been settled and it is of a civil nature. The prosecution had filed a statement before this Court holding that the CBI has not registered the case not on the basis of any complaint by the Bank. On the other hand the FIR was registered on the source of information in which the complainant is the State. Public money was defrauded by the accused and therefore the case cannot be compromised by them is the contention. So the prosecuting agency has strongly contended for the position that it is not settled or in other words it cannot be compounded. When such is the situation application of the dictum laid down by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) etc. does not arise for consideration and therefore this Crl.M.C. is dismissed. M.N. KRISHNAN, JUDGE. ul/-