IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 CRL.MC.NO. 104 OF 2011() --------------------------------------- CC.179/2009 OF CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA PETITIONER(S): ACCUSED -------------------------------------- JAMES KURIAKOSE,S/O.KURIAKOSE, VILANGATTUSERIL,ROBIN VILLA,CHETHIPUZHA, KOTTAYAM DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE & COMPLAINANT -------------------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTIONS,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE,THODUPUZHA POLICE STATION. 3. PRASANTH THOMAS,S/O.THOMAS,PULIYANAL VEETTIL,RIVER VIEW BHAGOM,THODUPUZHA VILLAGE, THODUPUZHA. 4. BINCY P.AUGUSTINE,D/O.AUGUSTINE, PULIKKATTIL VEEDU,VENMATTOM KARA, VANNAPPURAM VILLAGE. 5. SWAPANA ABRAHAM,W/O.BIJO P AUGUSTINE, PULIKKATTIL VEEDU,VENMATTOM KARA, VANNAPPURAM VILLAGE. 6. ANBIN P AUGUSTINE,W/O.BINSON P AUGUSTINE PULIKKATTIL VEEDU,VENMATTOM KARA, VANNAPPURAM VILLAGE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.104 of 2011 ==================================== Dated this the 13th day of January, 2011 O R D E R Petitioner is the accused in C.C. No.179 of 2009 of the court of learned Chief Judicial Magistrate, Thodupuzha for offence punishable under Section 420 of the Indian Penal Code. Case is that petitioner made advertisement as Promoter of M/s.Indo-Can International Consultancy promising to arrange Visa to Canada, collected money from respondent Nos.3 to 6 but did not arrange Visa or repay the amounts. On the complaint of respondent Nos.3 to 6 case was registered against petitioner for the offence stated above. In the meantime the case was settled between the parties. Petitioner approached this court in Crl.M.C. No.4946 of 2010 to quash the proceeding. This Court as per order dated December 20, 2010 directed petitioner to approach the court below since the offence is compoundable. Petitioner is now abroad. Respondent Nos.3, 4 and 6 are prepared to appear in the trial court in person and respondent No.5, through her Power of Attorney holder and file appropriate application to compound the CRL.M.C. No. 104 of 2011 -: 2 :- offence. Grievance of petitioner is that since respondent No.5 is not able to appear in person, learned Chief Judicial Magistrate is not entertaining the application to advance hearing of the case and compound the offence and hence appropriate direction may be issued to the learned Magistrate. 2. Offence under Section 420 of the Code is compoundable at the instance of the victim. Presence of petitioner or accused is not necessary to compound the offence. It is sufficient that petition to compound the offence is filed by the victim. Respondent Nos.3, 4 and 6 are prepared to appear in person in the trial court. On account of non-availability, respondent No.5 is not able to appear in person in the trial court and she can appear through Power of Attorney holder. A photocopy of the Power of Attorney is produced before me which shows that respondent No.5 has authorised holder of the power of attorney to appear on her behalf and compound the offence. Hence there is no reason why that power of attorney shall not to be accepted. Petitioner can produce a certified copy of the affidavit of respondent No.5 in the trial court. On such production the learned Magistrate shall pass appropriate orders. Resultantly, Criminal Miscellaneous Case is disposed of CRL.M.C. No. 104 of 2011 -: 3 :- directing the learned Chief Judicial Magistrate to entertain the application to compound the offence filed by respondent Nos.3, 4 and 6 and by the Power of Attorney holder of respondent No.5. The Power of Attorney as well as a certified copy of the affidavit of respondent No.5 filed in this Court shall be produced in the court below along with the petition to compound the offence. THOMAS P. JOSEPH, JUDGE. vsv