IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Crl.MC.No. 801 of 2011() ------------------------ CC.309/2009 of JUDL. MAGISTRATE OF FIRST CLASS, VAIKOM .................... PETITIONER(S)/1ST ACCUSED :- --------------------------------------------- A.K.RAVINDRAN NAIR, S/O.KRISHNAN NAIR, AGED 46 YEARS, AIKKANALIL HOUSE, KARIKKOD, MULAKULAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S)/STATE & COMPLAINANTS :- ---------------------------------------------------------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, VELLOOR POLICE STATION, KOTTAYAM DISTRICT, PIN-686 609. 3. THE GENERAL MANAGER, KOTTAYAM DISTRICT CO-OPERATIVE BANK, HEAD OFFICE OF THE KOTTAYAM DISTRICT CO-OPERATIVE BANK, KOTTAYAM, PIN-686 001. ADV. SRI.T.A.SHAJI FOR R-3 PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.M.C.No. 801 of 2011 APPENDIX Petitioner's Exhibits :- Annexure A :- Copy of the FIR 129/2007 registered by the S.I. of Police, Velloor Police Station. Annexure B :- Copy of the Final Report filed in Annexure-A FIR. Annexure C :- Copy of the notice for sale dated 30.7.2010 issued by the Authorised Officer of the 3rd respondent. Annexure D :- Copy of the judgment dated 6.10.2010 in W.P.(C) No.29334/2010 of this Hon'ble Court. Annexure E :- Copy of the statement of account of the petitioner for the period from 1.7.2010 to 1.2.2011 evidencing the remittance of Rs.1,20,000/-. Annexure F :- Copy of the Receipt dated 7.3.2011 issued to the petitioner on behalf of the 3rd respondent upon receipt of Rs.30,000/-. Annexure G :- Copy of the Cheque No.468376 dated 31.3.2011 submitted by the petitioner. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.801 of 2011 --------------------------------- Dated this the 3rd day of October 2011 O R D E R This petition is filed under Sec.482 Cr.P.C. to quash the F.I.R. and final report, pursuant to which the learned Magistrate took cognizance of the offence as C.C.No.309/2009. It was stated in the petition that the allegation was to the effect that the property which was subject to a mortgage was sold suppressing that mortgage. The liability as per the mortgage was to the bank. Even if the property which was subject to the mortgage was sold subsequently, the purchaser will get title only subject to the mortgage. Hence, the petitioner contended that the offence as alleged will not lie. 2. The learned Standing Counsel for the 3rd respondent has submitted that, subsequently money due to the 3rd respondent bank has already been paid and so Crl.M.C. No.801 of 2011 -: 2 :- further proceeding need not be had in this case. As such, further proceeding in C.C.No.309/2009 of J.F.C.M., Vaikom will stand quashed. N.K.BALAKRISHNAN, JUDGE. Jvt