IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Crl.MC.No. 4252 of 2003() ------------------------- CC.131/2002 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI .................... PETITIONER: ------------------ 1. THE MALAPPURAM CO-OPERATIVE URBAN BANK (UNLICENSED LIMITED NO.636, REPRESENTED BY ITS CHAIRMAN, KOTTAPPADI, MALAPPURAM. 2. THE GENERAL MANAGER, MALAPPURAM CO-OPERATIVE URBAN BANK (UNLICENSED) LIMITED, KOTTAPPADI, MALAPPURAM. 3. N.ABDUL RAZACK, NADUTHODI HOUSE, VALIYANGADI, P.O.DOWN HILL, MALAPPURAM 676 519. 4. L.MADHAVAN, "PRASAD BHAVAN", THAMARAKKUZHI, P.O. UP HILL, MALAPPURAM 676 505. 5. VEEKSHANAM MUHAMMED S/O. ABDULLAKUTTY, KUNNUMMAL, MALAPPURAM 676 505 6. K.ABOOBACKER, KODIYADAN HOUSE, P.O.DOWN HILL, MALAPPURAM 676 519. 7. M.VIJAYAKUMAR, "SREEVALSAM", KAVUNGAL, MALAPPURAM 676 505. 8. P.HAMZA, S/O. ABOOBACKER HAJI, PERINGADAKKAD HOUSE, THAMARAKKUZHI, MALAPPURAM 676 505. 9. T.RAYINKUTTY, S/O. ALAVIKUTTY, THOTTAPANI HOUSE, MUTTIPPADI, MELMURI, MALAPPURAM 676 514. 10. P.VENUGOPAL, PARAYIL HOUSE, KALAMTHATTA, P.O.DOWN HILL, MELAPPURAM 676 519. 11. P.M.MUHAMMEDALI, S/O. MOIDEENKUTTY HAJI PULLIYIL MADASSERI HOUSE, MELMURI, MALAPPURAM-676 514. 12. K.JAYAKRISHNAN, KARUMATHIL HOUSE, THAMARAKKUZHI, MALAPPURAM 676 505. 13. N.PADMINI, NAMBOLAN HOUSE, THAMARAKKUZHI, MALAPPURAM 676 505. 14. P.P.PATHUTTY, NADUTHODI HOUSE, VALIYANGADI, DOWN HILL, MALAPPURAM 676 519. 15. N.RAJENDRAN, ARANGODAN HOUSE, VALIYANGADI, DOWN HILL, MALAPPURAM-676 519. BY ADV. RAMAKUMAR (SR.) SRI.T.K.AJITH KUMAR RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. RESERVE BANK OF INDIA, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER, (URBAN BANKS DEPARTMENT), REGIONAL OFFICE, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JACOB VARGHESE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4252 of 2003-B - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008. ORDER Sri.K.Ramakumar, learned senior counsel submits that the prosecution launched by respondent No.1 against petitioners under Annexure A complaint is wholly incompetent and without jurisdiction. He contends that section 95 of the Co-operative Societies' Act is an embargo and interdiction in proceeding against the petitioners. According to the learned senior counsel, petitioners are prepared to take up this contention before the trial court. He further submits that petitioners may be permitted to withdraw this Crl.M.C with liberty to raise the above and all other contentions available to them. The limited prayer is to issue a direction to the trial court to decide the question of maintainability of the complaint as a preliminary point. He further prays that till such a decision on the question of maintainability of the complaint is taken by the trial court, all further action in the matter may be directed to be kept in abeyance. Having regard to the facts and circumstances, the prayer as made above is allowed. Crl.M.C is dismissed as withdrawn in the above terms. The court below shall decide the question of maintainability as a preliminary point, if such a contention is raised by the petitioners. It is made clear that I have not considered the merit of any of the contentions raised by the petitioners. A.K. Basheer Judge. an.