IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Crl.MC.No. 127 of 2010() ------------------------------------ C.C.NO.876/2004 OF JFCM COURT, THIRUVALLA ....... PETITIONER(S): ACCUSED: ----------------------------------------- REGHUNATH, S/O.RAGHAVAN PILLAI, MADASSERIL HOUSE, NANNOOR, VALLAMKULAM, ERAVIPEROOR. BY ADV. MR.T.P.PRADEEP RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. STANDARD CHARTERED BANK REPRESENTED BY ITS SENIOR OFFICER, H.D.F.C.BUILDING, RAVIPURAM, COCHIN-15. R1 BY PUBLIC PROSECUTOR MR. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.127 OF 2010 ------------------------------------------ Dated 14th January 2010 O R D E R Petitioner is the accused and second respondent the de facto complainant in C.C.876/2004 on the file of Judicial First Class Magistrate, Thiruvalla taken cognizance for the offence under Section 420 of Indian Penal Code. Petition is filed to quash the final report and the cognizance taken contending that entire disputes were settled between the parties. Affidavit of the second respondent is also filed. 2. Learned counsel appearing for the petitioner and second respondent and learned Public Prosecutor were heard. 3. Offence under Section 420 of Crmc 127/10 2 Indian Penal Code is compoundable under Section 320 of Code of Criminal Procedure. When an offence is compoundable, it is not for this court to exercise the extra ordinary inherent powers under Section 482 of Code of Criminal Procedure to quash the proceedings based on the settlement. Parties are at liberty to approach the Magistrate for permission to compound the offence as provided under Section 320 of Code of Criminal Procedure. 4. Learned counsel then submitted that personal presence of the accused and respondent may be dispensed with. When the offence under Section 420 is compoundable by the person who was cheated, it is not for the court to insist for the presence of the accused to grant permission to compound the Crmc 127/10 3 offence if applied for by him. It is for the Magistrate to decide whether the Magistrate is satisfied by the statement of the de facto complainant that there was a composition and there is no need to insist the personal presence of the complainant in all cases. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.