IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Crl.MC.No. 430 of 2006() ------------------------------------ CC.441/2004 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE), ERNAKULAM. .................... PETITIONER/ACCUSED NO.3: ------------------------------------------- M.A. ABIDA, W/O. SALAHUDIN, 6A-PEEVEES TRITON, MARIINE DRIVE, COCHIN-31. BY SMT.M.A.ABIDA (PARTY IN PERSON) RESPONDENTS/COMPLAINANT & ACCUSED NOS.1 & 2: --------------------------------------------------------------------------------- 1. ICICI BANK, EMGEE SQUARE, NEAR PADMA JUNCTION, M.G. ROAD, ERNAKULAM. 2. FAIR BUSINESS CENTRE, S-64, GCDA COMPLEX, NEAR RAYMONDS SHOWROOM, MARINE DRIVE, COCHIN-31. 3. N.D. SOBHA, W/O. K.R. RAVEENDRAN, KOLAVELI HOUSE, PALAPPARAMBU ROAD, ELAMAKARA, COCHIN-26. R1 BY ADV. SRIT.K.SAIDALIKUTTY (KUTTIPPURAM), SRI.P.A.MOHAMMED ASHROF, SRI.LAL K.JOSEPH, SRI.A.A.ZIYAD RAHMAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 11/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 430 of 2006 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE CERTIFIED COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT AS C.C.441/04. ANNEXURE A2: COPY OF THE CERTIFIED COPY OF THE CHEQUE. ANNEXURE A3: COPY OF THE DEED OF PARTNERSHIP. ANNEXURE A4: COPY OF THE DEED OF DISSOLUTION DATED 01/04/2004. ANNEXURE A5: COPY OF THE MEMORANDUM OF CHEQUES UNPAID ISSUED FROM CANARA BANK DATED 05/04/2004. ANNEXURE A6: COPY OF THE LAWYER NOTICE DATED 21/04/2009 TO THE ACCUSED NO.3. ANNEXURE A7: COPY OF THE REPLY NOTICE DATED 06/05/2004 SENT TO THE LAWYER OF THE 1ST RESPONDENT BANK. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P. RAY, J. ........................................... CRL.M.C.NO.430 OF 2006 ............................................. Dated this the 11th day of July, 2011. O R D E R Heard the learned counsel for the 1st respondent/defacto complainant. 2. The petitioner is the 3rd accused in C.C.No.441/2004 on the file of the Additional Chief Judicial Magistrate (Economic Offence) Court, Ernakulam for the offence punishable under Section 138 N.I.Act and Section 420 IPC. The learned counsel submits that the matter has been amicably settled and 1st respondent has received the amount involved in this case. Therefore, the 1st respondent does not want to proceed with the case. There is no appearance on behalf of the petitioner. 3. In my considered view if the defacto complainant makes a statement before the trial court on or before 29th of this month to the effect that the matter has been settled out of court and the learned Magistrate, if satisfied that the matter has been settled out of court, shall close the case. The Crl.M.C is disposed of accordingly. Sd/= B.P. RAY, JUDGE. cl /true copy/ P.S. to Judge