IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 CRL.MC.NO. 4986 OF 2010() --------------------------------------- CC.417/2009 OF CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): ACCUSED -------------------------------------- SATHEESH KUMAR.K., AGED 32 YEARS, S/O.KUNHIRAMAN, H.NO.9/491, NEAR AISHWARYA THEATER P.O.UDUMA, KASARAGOD TALUK & DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT -------------------------------------------------- 1. P.M.ABDUL NAZIR, AGED 35 YEARS, S/O.MOHAMMED, H.NO.12/96, FORT ROAD, KASARAGOD TALUK, KASARAGOD DISTRICT. 2. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. S.H.O. KASARAGOD DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.GEORGE FRANCIS FOR R1 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.4986 of 2010 ==================================== Dated this the 24th day of February, 2011 O R D E R Petitioner is the accused in Crime No.244 of 2009 of Kasargod Police Station and C.C. No.417 of 2009 of the court of leaned Chief Judicial Magistrate, Kasargod for offences punishable under Sections 465, 467, 468, 417 and 420 of the Indian Penal Code. That case was registered on the basis of Annexure-A3, complaint filed by respondent No.1 alleging that petitioner borrowed `.1,60,000/- from him in November, 2005. Petitioner, with intend to cheat him issued cheques not belonging to him and caused those cheques to be dishonoured. Annexure-A1 is the FIR and Annexure-A2, the final report. Petitioner seeks to quash proceeding against him on the strength of a settlement reached with respondent No.1. I have heard learned counsel and the learned Public Prosecutor. 2. In the affidavit respondent No.1 has stated that he received the amount due and has no further complaint in the matter. Cheques involved are dated 22.10.2003 and 08.12.2005 validity of which is already over. Now that the matter is settled between petitioner and respondent No.1 as seen from the affidavit CRL.M.C. No.4986 of 2010 -: 2 :- of the latter, it is not necessary to continue the proceeding. Hence I am inclined to allow this petition. Resultantly, Criminal Miscellaneous Case is allowed. Crime No.244 of 2009 of Kasargod Police Station, cognizance taken thereon and all proceeding in C.C. No.417 of 2009 of the court of learned Chief Judicial Magistrate, Kasargod against petitioner are quashed. THOMAS P. JOSEPH, JUDGE. vsv