IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Crl.MC.No. 3622 of 2010() --------------------------------------- CC.457/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR. CRIME NO.172/2006 OF OLLUR POLICE STATION. .................... PETITIONER(S): ACCUSED ------------------------------------ 1. LATHA, W/O.ROY, PUTHENVEEDU, AMOSE CORNER DESOM, ANCHERY, OLLUR, THRISSUR. 2. ROY, S/O.GEORGE, PUTHENVEEDU, AMOSE COMER DESOM, ANCHERY, OLLUR, THRISSUR. BY ADVS. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): DEFACTO-COMPLAINENT AND STATE --------------------------------------------------------------------------------- 1. GEORGE J.CHUNGATH, BRANCH MANAGER-IN-CHARGE, THRISSUR URBAN CO-OP. BANK, NELLIKKUNNU BRANCH, THRISSUR, RESIDING AT CHUNGATH VEEDU, PARAVATTANI DESOM, OLLUKKARA, THRISSUR, PIN-680 685. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.C.D.DILEEP R2 BY GOVT. PLEADER SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.3622 OF 2010 --------------------------------------------- Dated 6th September, 2010 O R D E R Petitioners are the accused in C.C.457/2010 on the file of Judicial First Class Magistrate's court-II, Thrissur, taken cognizance for the offences under Sections 420 and 468 read with Section 34 of Indian Penal Code on Annexure-A final report. Prosecution case is that with the intention to cheat Urban Co-operative Bank, petitioners obtained a loan of Rs.4,00,000/- mortgaging properties belonging to the second respondent to the bank and in furtherance of their common intention they created a forged document and sold the mortgaged properties to fourth witness and thereby caused lost to Crmc 3622/10 2 the bank and committed the offences. Petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that subsequently entire amount due to the bank was paid and therefore, there is no subsisting grievance for the bank against the petitioners and hence proceedings is to be quashed. 2. General Manager of the bank appeared through a counsel and filed an affidavit stating that subsequent to the registration of the case, petitioners discharged the entire liability by remitting the entire amount due in connection with the loan and in view of the remittance Board of Directors of the Bank passed a resolution CMR No.10 on 17/5/2007 for returning the documents and also decided to withdraw all the cases Crmc 3622/10 3 filed by the bank in connection with the loan transaction and therefore, they have no objection for allowing the application. 3. Learned counsel appearing for the petitioners, first respondent and learned Public Prosecutor were heard. 4. Affidavit filed by the first respondent establishes that entire disputes with the petitioners were amicably settled and the Bank has already received the entire amount due. In the light of the settlement, no useful purpose will be served by directing the petitioners to undergo the ordeal of a trial as it would result only in unnecessary waste of valuable time of the court. As held by the Apex court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19 (SC) when the offences alleged are purely personal in nature as Crmc 3622/10 4 against the first respondent bank and the bank has settled the disputes with the petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.457/2010 on the file of Judicial First Class Magistrate's Court-III, Thrissur is quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.