IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Crl.MC.No. 89 of 2008() ----------------------- CC.417/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER: ACCUSED 1 AND 2: ------------------------------------ 1. MRS. INDIRA, THE CHIEF MANAGER, INDIAN OVERSEAS BANK, FORT ROAD, KANNUR. 2. INDIAN OVERSEAS BANK, KANNUR, REPRESENTED BY 1ST ACCUSED. BY ADV. SRI.P.B.SAHASRANAMAN RESPONDENTS: STATE AND COMPLAINANT: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PROSECUTOR, HIGH COURT OF KERALA, THIRUVANANTHAPURAM. 2. M. SURESHAN, PROPRIETOR, M/S. SURESH TEXTILES, POOTHAPARA ROAD, AZHIKODE, KANNUR. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR SRI.M.P.ASHOK KUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 89 of 2008 ========================== Dated this the 24th day of March, 2008. O R D E R The petitioners are the Chief Manager of the Indian Overseas Bank and the Indian Overseas Bank respectively. The petitioners are accused Nos. 1 and 2 in C.C. No. 417 of 2007 on the file of the Judicial First Class Magistrate-I, Kannur for offences punishable under Sections 420, 463, 468 and 471 IPC. 2. Heard the learned counsel for the petitioners as well as the learned counsel for the 2nd respondent/complainant. I also heard the learned Public Prosecutor in charge of the case. 3. Apart from the fact that the matter has been settled between the petitioners and the 2nd respondent, the prosecution of the 1st petitioner without the requisite sanction cannot be sustained. Having regard to the fact that the dispute is essentially one of a civil nature, no useful purpose will be served by allowing the prosecution to continue before the Magistrate. Accordingly, all proceedings in C.C. No. 417 of 2007 before the Judicial First Class Magistrate-I, Kannur shall stand quashed. This Crl.M.C is allowed as above. V. RAMKUMAR, JUDGE. rv