IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Crl.MC.No. 681 of 2010() --------------------- CRIME NO. 186 OF 2004 OF MUSEUM POLICE STATION, TRIVADRUM PETITIONER(S): 3RD ACCUSED -------------------------- C.RAMAKRISHNA MENON, CHARTERED ENGINEER, R.K.LODGE COMPLEX, NEAR POWER HOUSE, THRIPUNITHURA ROAD, VYTTILA, COCHIN. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): COMPLAINANTS --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S. HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 681 of 2010 * * * * * * * * * * * * * * * * * * Dated: 17th day of May, 2010 ORDER The 3rd accused in Crime No. 186 of 2004 of Museum Police Station, Thiruvananthapuram and now pending before the Chief Judicial Magistrate Court, Thiruvananthapuram as C.C. No. 136 of 2009 for offences punishable under Sections 420 and 120 B read with Sec. 34 I.P.C. seeks to quash the final report. 2. The facts leading to the above prosecution are the following:- A1 (Felix Abraham) applied for a loan from the Ernakulam Branch of the HSBC Bank, for the purpose of buying a property admeasuring 27 cents of land situated at Aikkaranadu Village belonging to A2 (Rajesh Menon). The petitioner who is a qualified Chartered Engineer was asked by the Bank to value the property. The petitioner valued the property at Rs. 18,000/- per cent and the total amount of the whole property so valued was Rs. 4,60,000/-. The bank Crl.M.C. NO. 681 of 2010 -:2:- disbursed the said amount by way of loan to A1 by means of demand draft. Accordingly, A1 purchased the property from A2 . When one of the cheques submitted by A1 to the bank towards re-payment was dishonoured by the bank on the ground of difference in the signature, the bank filed a private complaint before the Court of the Chief Judicial Magistrate, Ernakulam. Finding that the occurrence took place at Thiruvananthapuram, the complaint was forwarded to the Museum Police Station, Thiruvananthapuram, which registered the above crime. 3. According to the petitioner, the Bank having accepted his valuation and having disbursed the loan amount to A1 (the loanee) was unnecessarily roping in the petitioner by alleging criminal conspiracy and cheating and that the petitioner has performed his duty after exercising proper care and caution. The petitioner, therefore, wants to this Court to quash the proceedings against him. 4. It is too early for this Court sitting in the rarefied jurisdiction under Sec. 482 Cr.P.C. to examine whether there is any material in the prosecution records to justify the Crl.M.C. NO. 681 of 2010 -:3:- arraignment of the petitioner as the 3rd accused. Pre-eminently it is for the trial Court to consider the matter under Sec. 239 Cr.P.C. The learned counsel for the petitioner would submit that the petitioner who is afflicted by liver cirrhosis is residing at Ernakulam and he is unable to undertake a travel to Thiruvannthapuram. The remedy of the petitioner is to plead for a discharge. He will be entitled to do so in absentia. Accordingly, this Crl. M.C. is disposed of permitting the petitioner to plead for a discharge by filing appropriate petition before the Chief Judicial Magistrate, Thiruvananthapuram through his counsel. The learned Magistrate shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. Dated this the 18th day of May 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ P.S. to Judge. Crl.M.C. NO. 681 of 2010 -:4:- ani.