IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Crl.MC.No. 712 of 2008 ------------------------ LPC.220/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KANNUR (CC. 450 /2006 ) .................... PETITIONER: ACCUSED ------------------- A.V.NARAYANAN SS/O.NARAYANAN, AGED 60 YEARS CHOOLERI HOUSE, NARATH AMSOM, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. K.DAMODARAN NAMBOOTHIRI S/O.VAMANAN NAMBOOTHIRI NARATH AMSOM,DESOM,KANNUR DISTRICT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUB,LLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 712 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008 ORDER The petitioner, who is the 4th accused in C.C.No.744/2000 on the file of the Judicial First Class Magistrate Court-II, Kannur for offences punishable under Sections 143,427,511 of 379 read with Section 149 I.P.C., seeks to quash the proceedings in L.P.C.No.220/2006 pending against him before the said court. The petitioner was admittedly absconding and the case against him was refiled as C.C.No.450/2006 and non- bailable warrant is pending against the petitioner. Even now the petitioner claims to be abroad. He has contended that the co-accused in the case have been acquitted after trial by the said Magistrate as per Annexure-A2 judgment dated 30-9- 2006 in C.C.No.744/2000. In the light of the decision of the Full Bench in Moosa v. Sub Inspector of Police, 2006(1) K.L.T.552, the acquittal of the co-accused cannot be a ground to justify the quashing of the proceedings against the CRMC.712/2008 -2- petitioner who was absconding. The only course open to the petitioner is to plead for a discharge. Accordingly, if the petitioner files an application in absentia within two weeks from today to plead for a discharge before the court below, the same shall be considered and disposed of after considering the contentions of the petitioner that the co-accused in the case have been acquitted after trial and that the complainant had no locus standi to file the complaint. The discharge petition shall be disposed of without insisting on the physical presence of the petitioner. The Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks. CRMC.712/2008 -3- The accused in C.C. / ST. No..................on the file of the J.F.C.M, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, challenges the conviction entered and the sentence passed against him concurrently by the courts below. 2. Pending this revision, the parties have settled the matter. Crl.M.A.No. of 2007 has been filed under Section 147 of the Negotiable Instruments Act, 1881 seeking permission to record the composition entered into between the revision petitioner and the complainant. The said petition has been signed by both the revision petitioner as well as the complainant and their respective counsels. In the light of this development, the aforementioned composition is recorded and it will have the effect of an acquittal of the revision petitioner within the meaning of Sec. 320 (8) Cr.P.C. This Crl. R.P. is disposed of as above. V. RAMKUMAR, JUDGE sj sj CRMC.712/2008 -4-