IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 Crl.MC.No. 280 of 2009(D) ------------------------ CMP.3126/2008 of JUDL.MAGISTRATE OF FIRST CLASS, SULTHANBATHERY .................... PETITIONER(S)/ACCUSED: -------------------------------- P.M.PRAKASHAN, S/O.MADHAVAN, PULLIYAMMAKKIL HOUSE, CHOOTHUPPARA, KENICHIRA, SULTHAN BATHERY TALUK WAYANADU. BY ADV. SRI.LALJI P.THOMAS RESPONDENT(S)/COMPLAINANT: -------------------------------------- 1. D.C.CHOUDHARI, CHOUDHARI AND SONS FINANCERS, SANKAERESWARA TOWERS, 22, RAMAN ROAD, SOWCARPET, CHENNAI. 2. ABOOOTTY, GOOD WILL MOTORS, KAMBALAKKAD, WAYANADU, 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB. SMT.CELINE JOSEPH FOR R 1 & 2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 280 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of March, 2009. O R D E R This petition is filed to set aside the order passed by the Judicial First Class Magistrate, Sulthan Bathery and to release the vehicle bearing Reg.No.KL-11/1662 to the petitioner. The petitioner herein had borrowed an amount in the sense that he had entered into a hire purchase agreement with a promise to pay the amount in instalments to the respondents herein. But unfortunately he did not make any payment and ultimately it resulted in criminal prosecution as well as passing of an interim order delivering the vehicle to the person who had advanced the amount. Now when the matter came up for consideration the learned counsel for the petitioner would submit that his client is prepared to pay the entire amount due and so the vehicle can be released in his favour. There is considerable force in that contention. If the present petitioner moves an application for redelivery of the vehicle on payment of the CRL.M.C. 280 OF 2009 -:2:- amount, let it be considered by the Court after hearing the other side and on satisfaction that the amount due has been wiped off the vehicle be released in favour of the petitioner. With this observation this CRL.M.C. is disposed of. M.N. KRISHNAN, JUDGE. ul/-