IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Crl.MC.No. 3371 of 2009 --------------------------------------- L.P.15/2009 IN CC.59/2007 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONERS: 1. MANUEL SONS FINANCIAL ENTERPRISES (PVT) LTD., M.O.ROAD, TRICHUR-1, REP.BY ITS MANAGING DIRECTOR MR.TDUP. 2. MANUEL SONS FINANCIAL ENTERPRISES (PVT) LTD.,CALICUT BRANCH, MALABAR PALACE BUILDING, MUTHALAKKULAM, CALICUT-673001, REP.BY ITS DIRECTOR MR.UDUP. 3. UDUP, DIRECTOR, MANUEL SONS FINANCIAL ENTERPRISES (PVT) LTD., CALICUT BRANCH, MALABAR PALACE BUILDING, MUTHALAKKULAM, CALICUT-673001. BY ADV. SRI.SHYAM PADMAN SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENTS: 1. STATE OF KERALA, REP.BY S.I.KASABA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. I.V.PRABHAKARA MENOKI, AGED 60 YEARS,S/O.P.O.N.NAMBIAR, "SRUTHILAYA",BILATHIKULAM,KATHCERI AMSOM DESOM OF KOZHIKODE TALUK,KOZHIKODE. (NADAKKAVU POLICE STATION LIMIT) BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3371 of 2009 -------------------------- ORDER Petitioners are the accused and second respondent, the complainant in C.C.No.59/2007, now pending as L.P. No.15/2009, on the file of Chief Judicial Magistrate's Court, Kozhikode. As petitioners did not appear, learned Magistrate issued non bailable warrants. At that stage, second respondent complainant filed Annexures-A3, A4 and A5 petitions. According to the petitioners, learned Magistrate did not allow the petitions as non bailable warrants are pending. This petition is filed under Section 482 of Code of Criminal Procedure to direct Chief Judicial Magistrate to quash Annexure-A1 complaint, which was taken cognizance by the learned Magistrate. 2. Learned counsel appearing for the petitioner was heard. 3. Even if the complainant seeks permission of the Magistrate for compounding a compoundable offence, Magistrate cannot quash the complaint as sought for in CRMC 3371/09 2 the petition. Magistrate can only grant permission to compound the offence. If Annexures-A3, A4, and A5 petitions are pending before Chief Judicial Magistrate's Court, Kozhikode, I find no necessity for the accused to appear for granting the permission to compound the offences. 4. Under sub-section (2) of Section 320 of Code of Criminal Procedure, an offence under Section 420 of Indian Penal Code is compoundable by the person, who is cheated, with the permission of the court. If complainant is the person who was cheated and he seeks permission of the Magistrate to compound the offences, Magistrate to grant permission to compound the offences. Even if non bailable warrants are pending against the accused, learned Magistrate need not insist for the presence of the accused to grant permission, as permission could be granted to the person, who is cheated, to compound the offences. Petition is disposed. 20th October, 2009 (M.Sasidharan Nambiar, Judge) tkv