IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Crl.MC.No. 585 of 2008() ------------------------ S.T. NO. 832/2005 of JUDICIAL FIRST CLASS MAGISTRATE, KOLLAM PETITIONER: ACCUSED: -------------------- ANTONY.T.PEREIRA, FORMERLY FUNCTIONING AS GENERAL SECRETARY OF KOLLAM DISTRICT CO-OPERATIVE BANK EMPLOYEES' CONGRESS, 'SHARLINGDEN', 65, UPASANA NAGAR, CANTONMENT NORTH, KOLLAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: STATE AND COMPLAINANT: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN-31. 2. KOLLAM DISTRICT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL MANAGER, OFFICE OF THE KOLLAM DISTRICT CO-OPERATIVE BANK LTD., KOLLAM. 3. MAMETH NARAYANAN, MAMETH HOUSE, PATTATHANATHU CHERIL, VADAKKEVILA VILLAGE, KOLLAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 585 of 2008 ========================== Dated this the 14th day of February, 2008. O R D E R The petitioner, who is the accused in S.T. No. 832/2005 on the file of the Judicial First Class Magistrate, Kollam for an offence punishable under Section 499 IPC, seeks to quash the proceedings before the Magistrate. The documents which are relied on by the petitioner, to contend for the position that the averments in Annexure F private complaint filed by the 3rd respondent herein is false, are not the documents, the authenticity of which can be considered in a petition under Section 482 Cr.P.C. The petitioner can raise all his contentions before the court below at the appropriate stage. The court below shall not insist on the personal appearance of the petitioner unless and until it is inevitable during the stage of the trial. Accordingly, without prejudice to the right of the petitioner to raise whatever defences available to him before the court below, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE. rv