IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 Crl.MC.No. 1433 of 2010() ------------------------------ CC.426/1999 of JUDL. FIRST CLASS MAGISTRATE COURT, VAIKOM CC.832/1993 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,VAIKOM .................... PETITIONER(S): ACCUSED ------------------------------- R.SURESHKUMAR, S/O. RAMACHANDRAN NAIR, SARASWATHI MANDIRATHIL, VADAKKENOOR VILLAGE, VAIKOM. BY ADVS. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX RESPONDENT(S): COMPLAINANT -------------------------------------- 1. VAIKOM URBAN CO-OPERATIVE BANK LTD,. REPRESENTED BY ITS SECRETARY. 2. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY SRI.ADVS. V.G.ARUN SRI.T.R.HARIKUMAR R2 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/12/2010, ALONG WITH CRMC NO. 1547 OF 2010 CRMC NO. 1509 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR,J. ---------------------------------------------------------------------- CRL.M.C.NOs.1433, 1509 & 1547 OF 2010 ----------------------------------------------------------------------- Dated 17th December, 2010 O R D E R Petitioner was the Junior Clerk and Cashier in Vaikom Urban Co-operative Bank Ltd., No.1193. Alleging that petitioner along with Senior Clerk and Manager of the Bank, misappropriated the amount deposited by various persons, cases were registered against the petitioner, the Senior Clerk as well as the Manager. Petitioner was the first accused in C.C.Nos.832/1993 and C.C.257/1993 and C.C.258/1993 on the file of Judicial First Class Magistrate's Court, Vaikom. In C.C.258/1993, the Senior Clerk was not implicated as an accused and petitioner and Manager alone were the accused. As the petitioner was absconding, cases against the Crmc 1433, 1509 & 1547/10 2 petitioner were split up and refiled as C.C.Nos.426/1999, 65/2000 and 425/1999. After recording the evidence, the other accused were acquitted. Petitions are filed under Section 482 of Code of Criminal Procedure to quash the refiled cases pending against him, contending that in view of the order of acquittal against the co-accused and also in view of the settlement with the first respondent Bank, it is not in the interest of justice to continue the prosecution. 2. First respondent filed a petition in Crl.M.C.1433/2010 producing resolution No.764 dated 6/12/2010 of the Board of Directors of the Bank to the effect that as the other accused were already acquitted and entire amount misappropriated was repaid by the petitioner and thereby Bank did not sustain Crmc 1433, 1509 & 1547/10 3 loss. On the affidavit filed by the petitioner that he will not raise any claim against the first respondent Bank in respect of the employment as he was terminated from service, the Bank has decided not to prosecute all those cases further. 3. Learned counsel appearing for the petitioner, first respondent and learned Public Prosecutor were heard. 4. Though petitioner was absconding, the remaining accused were tried by the learned Magistrate. Based on the evidence, those accused were acquitted. In the light of the order of acquittal, even if, petitioner is to be tried, there is no likelihood of a successful prosecution. Such a trial would only result in unnecessary waste of valuable time of the Court. More over, resolution of the first Crmc 1433, 1509 & 1547/10 4 respondent Bank reveals that petitioner paid the entire amount allegedly misappropriated by him to the Bank and consequently Bank has decided not to prosecute the petitioner further. In such circumstances, it is not in the interest of justice to continue the prosecution. Even if, petitioner is to be directed to undergo the ordeal of a trial, it would result only in unnecessary waste of valuable time of the Court. Petition is allowed. C.C.Nos.426/1999, 65/2000 and 425/1999 on the file of Judicial First Class Magistrate's Court, Vaikom are quashed. M.SASIDHARAN NAMBIAR, JUDGE. uj.