IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Crl.MC.No. 2117 of 2010(B) ------------------------- ST.574/2008 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED ---------------------- 1. BHAGEERATHI BAI, W/O.KARBASAPPA KAPADE, PLOT NO.74, KAVERI NAGAR, G.D.A.ROAD, GULBARGA, STATE OF KARNATAKA. 2. PARAKASH SIVA SARMA, PLOT NO.74, KAVERI NAGAR G.D.A.ROAD, GULBARGA, STATE OF KARNATAKA. 3. MAHESH KAPADE, S/O. KARBASAPPA KAPADE, PLOT NO.74, KAVERI NAGAR, G.D.A.ROAD, GULBARGA, STATE OF KARNATAKA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANTS --------------------------- 1. PURE PETRO CHEM INDIA (P) LTD, PENTA CITY TOWER KILLIPPALAM, THIRUVANANTHAPURAM. REP.BY K.R.PADMA KUMAR, MANAGING DIRECTOR PIN-695001. 2. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 BY ADV. SRI.D.AJITHKUMAR R2 BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 23/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2117 of 2010(B) APPENDIX PETITIONERS ANNEXURES 1: COPY OF THE COMPLAINT IN ST NO:574/2008 WITH ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM 2: CERTIFIED COPY OF THE CERTIFICATE ISSUED BY THE COMMERCIAL TAX OFFICER, GULBARGA DATED 19.6.2009 3: COPY OF THE AGREEMENT DATED 21.6.2007 ENTERED BETWEEN THE COMPLAINANTS AND THE ACCUSED COMPANY 4. COPY OF THE CERTIFICATE ISSUED BY SYNDICATE BANK, STATION BAZAR, GULBARGA DATED 20.10.2010 5: COPY OF THE CERTIFICATE ISSUED BY ASSISTANT COMMISSIONER OF COMMERCIAL TAXES DATED 10.04.2007 6: COPY OF THE LICENCE ISSUED BY GULBARGA CITY CORPORATION RESPONDENTS ANNEXURES R1(A): COPY OF LETTER OF PROPRIETORSHIP DATED 16.11.2005 //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 2117 OF 2010 (B) ------------------------------------------ Dated this the 23rd day of November, 2011 O R D E R The petitioners are accused Nos: 3 to 5 in S.T. No:574/2008 pending before Additional Chief Judicial Magistrate, Thiruvananthapuram. The first respondent filed a complaint against the petitioners and other accused under section 138 of Negotiable Instruments Act. Two other complaints were also filed against the petitioners and others by the very same complainant in respect of other cheques. The contentions which are advanced by the petitioners in this case were similar to the contentions advanced in Cr.M.C. No:1513/2010. Here also, Exhibit R1 (a), which was the document referred to as Exhibit R1(a) in Cr.M.C. No:1513/2010 has been produced by the complainant. The contentions raised by both sides have Crl. M.C. No: 2117 OF 2010 (B) -2- been dealt with in Cr.M.C. No: 1513/2010. Similar contentions are advanced in this case also. I think it is not necessary to reiterate those contentions in this order also. The Order in Cr.M.C. No:1513/2010 can be read as part of this Order. It was reported that A4 and A5 were deleted from the party array. The grievance voiced in this petition is by A3, a woman, who is aged more than 80 years. As held in the earlier case, it is found that the case as against A3 (Smt.Bhageerathi Bai) can be quashed but only subject to the condition as mentioned in the other case, that if A2 who was in charge of or responsible for the conduct of the business at the relevant time tries to saddle the liability on this petitioner and if the learned Magistrate finds, after evidence is adduced, that this petitioner (A3) is also, in fact, liable to be proceeded against, then the learned Magistrate Crl. M.C. No: 2117 OF 2010 (B) -3- can implead the petitioner (A3) in this case. As held in the other case, Order of quashment of the case against this petitioner (A3) is only to the extent indicated earlier. This petition is disposed of accordingly. N.K. BALAKRISHNAN, JUDGE jjj