IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Crl.MC.No. 3001 of 2009() ------------------------------------- C.C.906/2006 OF JUDL. MAGISTRATE OF FIRST CLASS COURT, CHALAKUDY. ............. PETITIONERS/ACCUSED NOS.1 TO 4: ------------------------------------------------------ 1. SIVARAJAN, 49 YEARS, S/O.MANI, KARAKKAPARAMBIL HOUSE, MUNDANMANI DESOM, PARIYARAM VILLAGE, THRISSUR DISTRICT. 2. P.V. ANTO, 52 YEARS, S/O.P.M. VARGHESE, PEREPPADAN HOUSE, MURINGOOR, MELOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. SUNIL, S/O.KOCHAPPU, NALIPARAMBIL HOUSE, VARANTHARAPILLY DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 4. SOMAN, 46 YEARS, S/O.SIDHARTHAN, KURUVATH HOUSE, MUNDANMANI DESOM, PARIYARAM VILLAGE, THRISSUR DISTRICT. BY ADV. MR.A.C.DEVY RESPONDENTS/COMPLAINANTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB-INSPECTOR OF POLICE, CHALAKUDY POLICE STATION. 3. GENERAL MANAGER, *(TOWN CO-OPERATIVE BANK LTD.) *(CORRECTED), THRISSUR, HEAD OFFICE, THRISSUR DIST. *CORRECTED AS “DISTRICT CO-OPERATIVE BANK LTD.”, AS PER ORDER DATED 18/01/2010 IN CRL.MA.NO.147/2010. R1 & R2 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. R3 BY ADV. MR.P.C.SASIDHARAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3001 OF 2009 =========================== Dated this the 15th day of March,2010 ORDER Petitioners are the accused in C.C.906/2006 on the file of Judicial First Class Magistrate's Court, Chalakkudy taken cognizance for the offences under sections 419, 420, 463, 464,467, 468, 471, 472, 474, 475 and 120B read with section 34 of Indian Penal Code on Annexure B final report submitted by the Sub Inspector of Police, Chalakudy after investigation in Crime 455/2004 of Chalakudy Police Station. That crime was registered based on Annexure A complaint filed by the third respondent, de facto complainant, before Judicial First Class Magistrate's Court, Chalakudy and sent for investigation under section 156(3) of the Code of Criminal Procedure. This petition is filed under Crl.M.C.3001/2009 2 section 482 of the Code of Criminal Procedure to quash the proceedings contending that the fifth accused is no more and the entire amount due to the third respondent bank was subsequently paid and in such circumstances, it is not in the interest of justice to continue the prosecution. 2. Third respondent appeared through a counsel and submitted a statement to the effect that the allegation against the accused was that they forged salary certificates and agreements and using them as genuine cheated the bank by obtaining loan of Rs.1,00,000/- and misappropriated the amount. After filing the private complaint, first petitioner being the principal borrower paid the entire amount due to the bank and the account was closed in 2005. As the Bank has received the entire amount due, the Bank has no subsisting grievance against the petitioners. Therefore respondent has no objection for quashing the proceedings. 3. Learned counsel appearing for the Crl.M.C.3001/2009 3 petitioners, third respondent and the learned Public Prosecutor were heard. 4. As held by the Apex Court in Manoj Sharma v. State (2008(4) KLT 417) eventhough the allegation against petitioners include the case that they forged salary certificates and also impersonated and used the forged documents as genuine and obtained loan from the Bank and did not repay the same, essentially the allegations are of personal in nature and were settled between the parties. On the facts, the decision of the Apex Court in Manoj Sharma's case (supra) applies. In such circumstances, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.906/2006 on the file of Judicial First Class Magistrate's Court, Chalakkudy is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.3001/2009 4 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006