IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 WP(C).No. 17614 of 2006(V) -------------------------- ST.1185/2002 of J.M.F.C.-IV, KOZHIKODE .................... PETITIONERS: --------------- 1. THE NADAKKAVU CO-OPERATIVE URBAN BANK LTD.NO.D.2752, POST NADAKKAVU, CALICUT-673 005. 2. THE SECRETARY, NADAKKAVU CO-OPERATIVE URBAN BANK LTD.NO.D.2752, POST NADAKKAVU, CALICUT-673 005. 3. BEENA CHANDRASEKHAR, SREE 3.201 A, W. NADAKKAVU, CALICUT. 4. T.V. HARI, 4/344 C, NEAR VELLALYIL TELEPHONE EXCHANGE, GANDHI ROAD, CALICUT-673 032. 5. V.K. VIJAYAN, `SREE' 3/141, WEST NADAKKAVU, CALICUT-673 011. BY ADV. SRI.P.P.JACOB RESPONDENTS: --------------- 1. RESERVE BANK OF INDIA, BY AND THROUGH ITS AUTHORIZED OFFICER SRI.P.K.S. NAIR, AGED 60 YEARS, S/O.KRISHNAN NAIR, DEPUTY GENERAL MANASGER, URBAN DEPARTMENT RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY ADV. P.JACOB VARGHESE FOR R1 BY ADV. SHYSON P. MANGUZHA FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.17614/2006 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE PHOTOCPY OF THE COMPLAINT IN S.T.1185/2002 DTD. SEPTEMBER, 2002 EXT.P2 TRUE COPY OF THE CIRCULAR 4/03 DTD. 23/1/2003. EXT.P3 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE FIRST PETITIONER DTD. 29/5/2003. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.17614 OF 2006 ---------------------------- DATED THIS THE 16TH DAY OF JANUARY, 2009 JUDGMENT Petitioners are Secretary and Committee Members respectively of the Nadakkavu Co-operative Urban Society Ltd.No.2752, Kozhikode. The lst respondent filed a criminal complaint before the Judicial First Class, Magistrate's Court-IV Kozhikode under Section 46 read with Section 56 of the Banking Regulation Act 1949 as applicable to Co-operative Societies read with Section 190(1)(a) of the Cr.P.C. Ext.P1 is the said complaint. The learned magistrate took cognizance of the matter and the complaint was registered as S.T.No.1185/2002. The petitioners submitted that they have abided the Circular No.4/03 issued by the Registrar of Co-operative Societies, amended the bye-laws and deleted the word 'Bank' from the title and they are not doing banking business, even though they are accepting deposits only from the members. It is seen that subsequent to the decision of this -2- W.P.(C).No.17614/2006 Court reported in Muhammed Usma v. Registrar of Co- operative Societies (2003(1) KLT 69) by virtue of the orders passed by the Registrar of Co-operative Societies and the Reserve Bank of India, the petitioners have changed the bye- laws and deleted the name 'Bank' and at present they are now functioning as primary co-operative societies. In view of the said fact, S.T.No.1185/2002 need not be prosecuted. This Court in Cherukode Co-operative Rural Bank Ltd. v. Parur Service Co-operative Bank ( 2006 (3) KLT 38) for the same reason quashed similar complaints. In the result, further proceedings in S.T.No.1185/2002 on the file of the Judicial First Class Magistrate's Court-IV, Kozhikode are quashed. Writ Petition is allowed. HARUN-UL-RASHID, Judge. kcv.