IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Crl.MC.No. 2256 of 2005() ------------------------- CC.1598/1998 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER(S): --------------- K.VINOD KUMAR, DIRECTOR, JOYMAN BUILDERS PVT LTD NAMBIAR BUILDINGS, SRM ROAD, COCHIN-682 018. BY ADV. G. SREELEKHA ADVD MR.T.D.RAJALAKSHMI MR.MADHU N.NAMBOOITHIRIPAD MR. E.T.VENKITESWARAN RESPONDENT(S): --------------- 1. THE GIC HOUSING FINANCE LTD., UNIVERSAL INSURANCE BUILDING, III FLOUR SIR P M ROAD, FORT MUMBAI, REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, R.JAYACHANDRAN, SENIOR MANAGER, BRANCH OFFICE, CHITTOOR ROAD, ERNAKULAM. 2. ADVOCATE RECEIVER, IN C P NO.37/1998, HIGH COURT OF KERALA, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. MR.K.JAJU BABU FOR R1 MR. V. RAJENDRAN (RECEIVER) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J ............................................... Crl. M.C. No.2256 of 2005 ................................................. Dated this the 6th day of July, 2009 O R D E R This Criminal M.C. is filed for quashing the proceedings in C.C. No. 1598 of 1998 pending before the Chief Judicial Magistrate's Court, Ernakulam, which has been taken cognizance of by the Magistrate under Section 138 of the Negotiable Instruments Act. The ground on which this Criminal M.C. is filed is that a Company Petition for winding up of the company namely C.P No. 37 of 1998 is pending before this court in which certain orders have been passed to enable the revival of the company itself. I do not think that this criminal case has any intricate connection with the company petition itself, in so far as, the liability under section 138 is personal. In fact, the counsel for the respondents would point out that earlier this court had dismissed company applications for stay of further proceedings in the criminal case. The petitioner submits that, in view of the fact that a third party has come forward to take assets and liabilities of the company it would be possible to settle the case amicably. If the parties are prepared to compound the offence Crl. M.C. No.2256 of 2005 -2- appropriately, it is for them to approach the criminal court for the said purpose. In the above circumstances, without prejudice to that right, this Criminal M.C. is dismissed. S. SIRI JAGAN, JUDGE rhs