IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 CRL.MC.NO. 3627 OF 2006() ------------------------- CC.126/2006 OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR PETITIONER(S): ----------------------- 1. K.T.PAUL, MANAGER, INDIA CEMENTS CAPITAL & FINANCE LTD., TRICHUR BRANCH, TRICHUR. 2. SUJATHA JAYARAJAN, AGM, INDIA CEMENTS CAPITAL & FINANCE LIMITED, CORPORATE OFFICE, 38, STERLING ROAD, CHENNAI-34. BY ADV. SRI.GEORGE ABRAHAM RESPONDENT(S): -------------------------- 1. KARTHIKEYAN, S/O.ACHYUTHAN NAIR, MANUSREE, THEKKETHARA, PAZHAYANNUR, TRICHUR DISTRICT. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. BY PUBLIC PROSECUTOR SHRI K.J. MOHAMMED ANZAR SRI.P.VIJAYA BHANU FOR R1 SRI.PRASUN.S FOR R1 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.3627 of 2006 ==================================== Dated this the 16th day of March, 2011 O R D E R This petition is filed by the accused in C.C. No.126 of 2006 of the court of learned Chief Judicial Magistrate, Thrissur. That case was initiated on a complaint preferred by the first respondent. His case is that he had a hire purchase agreement with the petitioners and alleging default in payment of money his vehicle was repossessed by the petitioners and in spite of his clearing liability, petitioners sold the vehicle without his knowledge and consent. I have heard learned counsel on both sides. It is submitted that parties have reached a settlement and accordingly, the first respondent has paid Rs.4,10,000/- to the petitioners on 22.12.2010. Following that, a memorandum of understanding was executed as per which petitioners are to withdraw this Criminal Miscellaneous Case and the first respondent has to withdraw the private complaint. Counsel on both sides have submitted that parties are willing to do so. In the light of the above submission, this Criminal Miscellaneous Case is dismissed as withdrawn. THOMAS P. JOSEPH, JUDGE. vsv