IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Crl.MC.No. 2748 of 2008() ------------------------- S.T.NO.294/08 OF THE JFCM COURT-II, ERNAKULAM. PETITIONER: ACCUSED ------------------- 1. M/S. KONCHERRY WEAVERS PVT. LTD, MAYITHARA.P.O, CHERTHALA-39, ALAPPUZHA. 2. K.S. SHAJI, MANAGING DIRECTOR, M/S. KONCHERY WEAVERS PRIVATE LTD., MAYITHARA.P.O, CHERTHALA-39, ALAPPUZHA. BY ADV. SRI.SATISH MURTI RESPONDENTS: COMPLAINANT ------------------------ 1. CARTOPACKS, 92/A, DEVELOPMENT PLOT, SOUTH KALAMASSERY, REP. BTY ITS POWER OF ATTORNEY HOLDER RAMAN. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2748 of 2008 ------------------------------------------------- Dated this the 28th day of August, 2008 ORDER The respondent/complainant has entered appearance. The respondent/complainant submits that that he has already received the actual cheque amount by demand draft and is also willing to receive the amount of Rs.10,000/- which is in deposit before the court below. It is submitted that the matter stands posted to 2/9/2008. The respondent/ complainant shall on that day withdraw the complaint under Sec.257 Cr.P.C. after receiving the amount of Rs.10,000/-. 2. The learned Magistrate shall on 2/9/2008 treat the complaint as withdrawn and order the release of the Crl.M.C. No. 2748 of 2008 -: 2 :- amount of Rs.10,000/- to the respondent/complainant. The personal presence of the petitioners need not be insisted by the learned Magistrate in these circumstances. 3. This Crl.M.C. is allowed to the above extent. Compliance shall be reported to this Court by the learned Magistrate. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 2748 of 2008 -: 3 :- R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 2748 of 2008 ------------------------------------------------- Dated this the 19th day of August, 2008 ORDER There is no appearance for R1. The learned counsel for the petitioners submits that even further amount of Rs.10,000/- deposited can be released to the complainant by the learned Magistrate if the complainant either withdraws the complaint under Sec.257 Cr.P.C. or reports composition. It is observed that if the prosecution is withdrawn or compromised the amount of Rs.10,000/- can also be released to the complainant by the learned Magistrate. It is submitted that the case now stands posted to 20/8/2008. The learned Magistrate shall after 20/8/08 make a report to this Court as to what transpired on 20/8/2008. Call on 28/8/2008. (R. BASANT, JUDGE) Nan/ Crl.M.C. No. 2748 of 2008 -: 4 :-