IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 Crl.MC.No. 4446 of 2010() ------------------------------------ CC.216/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, PALA .................... PETITIONERS/ACCUSED --------------------------------- 1. NARENDER KUMAR JAIN, JAIN BHAVAN, MUTTAMBALAM, KOTTAYAM. 2. AMIT JAIN, JAIN BHAVAN, MUTTAMBALAM, KOTTAYAM. 3. KAMALESH JAIN, JAIN BHAVAN, MUTTAMBALAM, KOTTAYAM. 4. SUBHASH CHAND JAIN, INDIAN RUBBER AGENCIES, KODIMATHA, KOTTAYAM. BY ADV. SRI.K.M.VARGHESE RESPONDENTS/STATE AND COMPLAINANT ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PALA POLICE STATION, PALA, KOTTAYAM DISTRICT. 3. MEENACHIL RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCIETY LTD.NO.118, PALA, KOTTAYAM DISTRICT, REPRESENTED BY MANAGING DIRECTOR-IN-CHARGE, MR.M.N.GOPALAKRISHNA PANICKER. R1 & R2 BY PUBLIC PROSECUTOR MR.I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.4446 of 2010 -------------------------- ORDER Petitioners are the accused in C.C.No.216/2009 on the file of Judicial First Class Magistrate's Court, Pala, taken cognizance for the offences under Sections 120B, 406, 468 and 420 read with Section 34 of Indian Penal Code on Annexure-I final report. 2.Learned counsel appearing for the petitioners was heard. 3. Argument of the learned counsel appearing for the petitioners is that disputes involved are purely civil in nature and ingredients of the offences are not attracted and continuation of the proceedings is only an abuse of process of the court. On hearing the learned counsel, I do not find it for this Court to analyse the entire materials produced along with the final report and find out whether the offences attracted. CRMC 4446/10 2 Petitioners are entitled to raise all the contentions and seek an order of discharge under Section 239 of Code of Criminal Procedure from the learned Magistrate. Petition is disposed granting liberty to the petitioners to raise all the contentions raised herein and seek an order of discharge under Section 239 of Code of Criminal Procedure. 2nd December, 2010 (M.Sasidharan Nambiar, Judge) tkv