IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Crl.MC.No. 733 of 2008() ---------------------------- C.C.NO. 696/2007 of J.F.C.M-I, ERNAKULAM PETITIONER: ACCUSED -------------------------- K.H.HAFEES, AGED 44, S/O. K.K.HYDROSE, KARUDAMPARAMBIL HOUSE, EDAVANAKKAD P.O., ERNAKULAM DISTRICT. BY ADV. SRI.T.M.MOHAMMED YOUSEFF (SR.) SMT. AYSHA YOUSEFF SMT. MOLLY JACOB SMT. FOUSIA SATHAR RESPONDENTS: COMPLAINANT/STATE ------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. C.R.RAMACHANDRAN, M/S. FINTRESTLE PVT. LTD., 3RD FLOOR, APPLE TOWER, N.H.BYE PASS, PALARIVATTOM, EDAPPALLY. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No.733 of 2008 ========================== Dated this the 21st day of February, 2008. O R D E R The petitioner, who is the accused in C.C. No. 696 of 2007 on the file of the Judicial First Class Magistrate-I, Ernakulam for offences punishable under Sections 415, 417, 418 and 420 IPC, seeks to quash Annexure 5 charge sheet and all subsequent proceedings. 2. The case of the prosecution is that the accused who is a non resident Indian, with the intention of making wrongful gain to himself and wrongful loss to the National Bank of Ra Al- Khaimah in U.A.E, had sometime during the year 2004, obtained a credit card from the said bank, while he was employed as a driver in Dubai Municipality and contrary to the undertaking given by him that he would comply with the terms and conditions of the bank, he altogether withdrew a sum of Rs.1,05,652 and then made himself scarce by escaping to India. 3. The learned Magistrate after finding that there was a prima facie case to proceed against the accused, took cognizance of the offences and registered the case as C.C. No. 696 of 2007. CRL. M.C. NO. 733/2008 : 2: 4. A perusal of Annexure 1 complaint filed by the bank through its power of attorney holder before the Judicial First Class Magistrate-I, Ernakulam and which was got forwarded to the police under Section 156(3) Cr.P.C and a perusal of the final report does not show that the ingredients of the offences are not made out in the complaint or in the final report. No doubt, those averments are in the ream of allegations and if only those allegations are proved, can it be said that the prosecution has brought home the guilt of the accused. I am, therefore, not inclined to quash the final report and the proceedings pending before the Magistrate. It is admitted that the Magistrate is yet to frame charge. The petitioner can very well plead for a discharge before the Magistrate and in case the petitioner files an application in absentia for discharge within three weeks from today, the same shall be considered and disposed of by the Magistrate without insisting on the personal appearance of the petitioner. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 733/2008 : 3: