IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Crl.MC.No. 101 of 2010() ---------------------------------- CC.205/2008 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR CRIME NO.331/2008 OF THRISSUR TOWN EAST POLICE STATION. .................... PETITIONERS/ACCUSED: ------------------------------------ 1. RESOURCE INDIA KURIES (P) LTD MARS COMMERCIAL CENTRE, PALLIKULAM ROAD THRISSUR, REPRESENTED BY ITS CHAIRMAN P.G.JUSTINE. 2. P.G. JUSTINE,,CHAIRMAN RESOURCE INDIA KURIES (P) LTD MARS COMMERCIAL CENTRE, PALLIKULAM ROAD THRISSUR. 3. VINCENT MANAGER, RESOURCE INDIA KURIES (P) LTD MARS COMMERCIAL CENTRE, PALLIKULAM ROAD, THRISSUR. BY ADV. MR.P.SANTHOSH (PODUVAL), SMT.R.RAJITHA. RESPONDENTS/STATE & DEFACTO-COMPLAINANT: --------------------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. GIREESH KUMAR S/O.KUMARAN, KURUVATH HOUSE AKAMPADAM DESOM, WADAKKANCHERY. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.BHAVADASAN, J. --------------------------- Crl.M.C No.101 OF 2010 -------------------------------- Dated this the 27th day of January 2010 ----------------------------------------------------- ORDER Petitioners seek to have Annexure-C Charge Sheet and all proceedings in C.C No.205/2008 before the Chief Judicial Magistrate Court, Thrissur quashed. 2. Petitioners are accused in C.C No.205/2008 before the Chief Judicial Magistrate Court, Thrissur for offences punishable under Sections 120(B), 406, 420,506(1) r/w 34 I.P.C. Allegation in brief is that the complainant had approached the accused for joining a kuri and was advised to meet one Suma Suresh who has prized her kuri in auction but not received the amount. That was done. She claimed that no amount was remitted and she also gave blank cheque leaves. She also claims that the price amount was not given to the defacto-complainant. 3. Petitioners point out that during investigation, the police seized the cheque and that put to the end of the matter. Petitioners say that the offences punishable under Section 506(2) of the Code of Criminal Procedure incorporated with ulterior motive. That has no basis at all. Crl.M.C No.101 OF 2010 Page numbers 4. On the basis of the allegations available on record, it is difficult to accept the plea of the petitioners. It may be with the seizure of the cheque by the police the matter stands on a different footing. So also the claim of the petitioners that the allegations punishable under Section 506(1) of the Code of Criminal Procedure have no foundation or basis. As such cannot be accepted now. These aspects are to be considered later. If there are prima facie materials even if the petitioners say that they are manipulated, that may not be a ground to quash the proceedings. If the petitioners are so advised, they may move for a discharge. P.BHAVADASAN, JUDGE vdv