IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Crl.MC.No. 37 of 2008() ------------------------------ CC.626/2001 of CHIEF JUDICIAL MAGISTRATE COURT, PALAKKAD ................................... PETITIONER(S): ACCUSED ------------------------------------ 1. K.G.SURESH BABU, S/O GOVINDAKURUP, KALARICKAL HOUSE, VADAMA P.O., THRISSUR DIST. 2. N.B.GIRISHKUMAR, S/O N.S.BAHULEYAN, NELLIPPARAMBIL HOUSE, VADAMA P.O., THRISSUR DIST. BY ADV. MR.M.SHAJU PURUSHOTHAMAN MR.K.S.RAJESH RESPONDENT(S): COMPLAINANT ---------------------------------------------- 1. VAISHNAV SECURITIES AND FINANCIERS REP. BY ITS MANAGING DIRECTOR, TOWN BUS STAND COMPLEX, PALAKKAD. 2. STATE. REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. REPRESENTING THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. PUBLIC PROSECUTOR, MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No.37 of 2008 ================== Dated this the 18th day of November, 2009. O R D E R 1. Petitioners are the accused in C.C.626 of 2001 on the file of Chief Judicial Magistrate, Palakkad, taken cognizance for the offences under Sections 418 and 420 of Indian Penal Code on Annexure-B final report filed by Sub- Inspector of Police in Crime 182/2000 of Town South Police Station, Palakkad. The crime was registered on Annexure-A complaint filed before Chief Judicial Magistrate Court, Palakkad and sent for investigation under Section 156(3) of Codo of Criminal Procedure. First respondent is the complainant. Annexure-A complaint shows that the case of first respondent is that first petitioner borrowed Rs.60,000/- on Hire Purchase basis and executed a Hire Purchase Agreement with the second petitioner as guarantor, undertaking to pay Rs.78,000/-, in twelve monthly installments and after paying two monthly installments, the Crl.M.C.37 of 2008 -2- remaining installments were not paid and in spite of notice the payments were not made and therefore offences under Section 418, 420 of Indian Penal Code. Though Magistrate has taken cognizance on Annexure-B final report, I find no material whatsoever, to show that petitioner committed offences under Sections 418 and 420 of IPC. There is no allegation either in the complaint or in the final report that when the first petitioner borrowed the amount from the first respondent or executed the Hire Purchase Agreement, he had a dishonest intention to cheat the first respondent. The only allegation is that under the Hire Purchase Agreement, petitioner agreed to pay Rs.78,000/- in twelve monthly installments and after paying two monthly installments, the remaining installments were not paid. If the amounts are not paid, remedy of the first respondent is to approach the Civil Court for realisation of the amount due. No criminal offence is involved. In such circumstance, continuation of proceedings is only an abuse process the Court. Though Crl.M.C.37 of 2008 -3- notice was sent to the first respondent, he did not appear. 2. In such circumstance, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.626/2001 now the pending as L.P.264/2004 on the file of the Chief Judicial Magistrate, Palakkad is quashed. M.SASIDHARAN NAMBIAR JUDGE nl