IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Crl.MC.No. 2797 of 2004() ------------------------- (Crime No.493/1999 of the East Police Station , Thrissur) PETITIONER: 4TH ACCUSED ----------------------- M.VASUDEVAN NAMBOODIRI, SOUTH MANCHIRA ILLAM, WEST NADA, GURUVAYUR 680 101. BY ADV. SRI.K.P.DANDAPANI RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, EAST POLICE STATION, THRISSUR. BY PUBLIC PROSECUTOR SRI C.M.KAMMAPPU. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.A.NO.10017/2005 IN CRL.M.C.2797/2004 DISMISSED. 13-2-2008 SD/- V.K.MOHANAN, JUDGE. //TRUE COPY// V.K.MOHANAN, J. ---------------------------------------------- CRL.M.C.No.2797 of 2004 ---------------------------------------------- Dated, 13th February, 2008 ORDER The 4th accused in Crime No.493/1999 of the East Police Station, Thrissur is the petitioner herein who approached this Court by filing this petition under section 482 of Cr.P.C. with a prayer to quash Annexure-A F.I.R. and Annexure B Charge Sheet. According to the petitioner, he is innocent of all the allegations levelled against him. 2. The above crime No.493/1999 is registered on the basis of a complaint lodged by the Assistant General Manager (North Region) of the Lord Krishna Bank Ltd., for the offences punishable under sections 467, 468, 471 read with Section 34 of I.P.C. The allegation against the petitioner is that the petitioner had joined kuri No.12 of 1998, started on 12-5-1998, with the K.S.F.E., Main Branch, Thrissur and he had availed a loan of Rs.50,000/- and for that purpose, being security for the said amount, the petitioner along with other accused had submitted a bank guarantee obtained from the Lord Krishna CRMC 2797/04 2 Bank Limited, Alathur Branch. But according to the de facto complainant, the said Bank guarantee was a forged one and therefore he lodged the above complaint on the basis of which crime was registered and investigation was conducted by the police attached to the East Police Station, Thrissur. The police after investigation, filed a final report on the basis of which the court below took cognizance and instituted C.C.No.62/2000 for the offences punishable under sections 419, 467,468, 471 and 120B read with Section 34 of IPC. 3. I have heard Sri K.P.Dandapani, the learned counsel appearing for the petitioner, as well as the learned Public Prosecutor. 4. On behalf of the petitioner, various contentions advanced by the learned counsel for the petitioner and submitted that the petitioner had already paid back the amount and as such there is no loss caused to anybody and therefore no such offence would lie against the petitioner. All the contentions raised by the counsel for the petitioner were controverted by the Public Prosecutor. In a proceedings under section 482 of Cr.P.C., I am not proposed to enter into any CRMC 2797/04 3 finding on merit regarding the rival contentions since such findings and observations are likely to adversely affect either of the parties. During the course of argument, the learned counsel appearing for the petitioner sought permission to withdraw the above Crl.M.C. with liberty to raise all his contentions before the court below at the time of framing of the charge. 5. In the light of the above submission, no further argument or discussion is warranted in this proceedings. As sought by the counsel for the petitioner, permission is granted to withdraw the above Crl.M.C. and the petitioner is free to raise all the contentions before the court below at the time of framing of charge and on such plea, the court below will consider the same on merit and decide the same in accordance with law. In the result, the Crl.M.C. is dismissed as withdrawn but subject to the above observation. V.K.MOHANAN, JUDGE. kvm/- CRMC 2797/04 4 kvm/- V.K.MOHANAN, J. No.... Judgment/Order CRMC 2797/04 5 Dated: