IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.MC.No. 1356 of 2007() ------------------------------------ CRIME NO.167/2005 OF PALAKKAD KASABA POLICE STATION -------------------------------- PETITIONER(S): ACCUSED --------------------------------------- 1. BALU @ BALASUBRAMANIAN, AGED 33 YEARS. 2. CHINNU @ NARAYANASAMI, AGED 30 YEARS. SONS OF THANKAVELU, GOKUL NIVAS, CHADAYANKALAI, KANJIKODE, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, PALAKKAD KASABA POLICE STATION. 2. SIRAJUDEEN, S/O.SULAIMAN, NEHRU COLONY, KALMANDAPAM, PALAKKAD. R1 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.1356 of 2007 ---------------------------------------------------- Dated this the 5th day of April, 2011 Order The petitioners are accused in Crime No.167 of 2005 of Palakkad Kasaba Police Station registered under Sections 420, 465, 467, 468 and 472 read with Section 34 of the I.P.C. The petitioners/accused contended that they approached the complainant and borrowed an amount of Rs.3 lakhs for which the R.C.Book of their vehicle was given as security. It was subsequently revealed that the vehicle was not free from encumbrances and it was hypothecated to Standard Chartered Bank. The vehicle was registered at Chennai North West Regional Transport office. As on the date of handing over of the R.C.Book, the vehicle should hypothecated with the Bank and a false endorsement was made to believe that there was no hypothecation. It was alleged by the complainant that the accused with dishonest intention made a false seal to make an endorsement that the hypothecation was closed. There is also allegation that false signature purported to be of the authority was also put in the registration certificate. Whether the Crl.M.C.1356/07 2 endorsements are false endorsements, dishonestly or fraudulently made by the accused or whether the accused used such documents as forged documents etc. are matters to be found out later through investigation and trial. The contention that the dispute is only of civil nature cannot in the face of the allegations mentioned earlier be sustained. There is no reason to interfere with the investigation in the aforesaid crime. The petitioners would be entitled to raise all the contentions at the time of trial. The Crl.M.C. is hence dismissed. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.1356/07 3 Crl.M.C.1356/07 4