IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Crl.MC.No. 3017 of 2009() ------------------------------------- CC.907/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY .................... PETITIONERS/ACCUSED NO.2,3,4 & 5: ------------------------------------------------------ 1. P.V. ANTO, 52 YEARS, S/O.P.M. VARGHESE, PEREPPADAN HOUSE, MURINGOOR, MELOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. T.N. SASIKUMAR, 41 YEARS, S/O.T.N. MAMMOONY, THAIVALAPPIL HOUSE, VENTHINGAPADAM DESOM, VARANTHARAPPILLY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. SIVARAJAN, 49 YEARS, S/O.MANI, KARAKKAPARAMBIL HOUSE, MUNDANMANI DESOM, PARIYARAM VILLAGE, THRISSUR DISTRICT. 4. SOMAN, 46 YEARS, S/O.SIDHARTHAN, KURUVATH HOUSE, MUNDANMANI DESOM, PARIYARAM VILLAGE, THRISSUR DISTRICT. BY ADV. MR.A.C.DEVY RESPONDENTS/COMPLAINANTS: ------------------------------------------------ 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB-INSPECTOR OF POLICE, CHALAKUDY POLICE STATION. 3. GENERAL MANAGER, *(TOWN CO-OPERATIVE BANK LTD.) *(CORRECTED), THRISSUR, HEAD OFFICE, THRISSUR DIST. *THE NAME SHOWN AS “TOWN CO-OPERATIVE BANK LTD.” IN THE ADDRESS OF THE THIRD RESPONDENT IS CORRECTED AS “DISTRICT CO-OPERATIVE BANK LTD.”, AS PER ORDER DATED 18/01/2010 IN CRL.MA.NO.143/2010. R1 & R2 BY PUBLIC PROSECUTOR MR.K.S SIVAKUMAR. R3 BY ADV. MR.P.C.SASIDHARAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 3017 OF 2009 =========================== Dated this the 15th day of March,2010 ORDER Petitioners are accused in C.C.907/2006 on the file of Judicial First Class Magistrate's Court, Chalakkudy taken cognizance for the offences under sections 419, 420, 463, 464, 467, 468, 471, 472, 474, 475, 120B read with section 34 of Indian Penal Code on Annexure A2 final report submitted by the Sub Inspector of Police, Chalakkudy in Crime No.444/2006 registered on Annexure A1 complaint filed by third respondent before learned Magistrate who sent it for investigation under section 156(3) of the Code of Criminal Procedure. Prosecution case is that petitioners forged salary certificates and agreements and used them as genuine and obtained a loan of Rs.1,00,000/- from the bank and misappropriated the same and Crl.M.C.3017/2009 2 thereby committed the offences. This petition is filed under section 482 of the Code of Criminal Procedure contending that entire amount due to the third respondent bank was subsequently paid and as there is no subsisting liability it is not in the interest of justice to continue the prosecution. 2. Third respondent appeared through a counsel and filed a statement disclosing that after filing of the private complaint, the principal borrower T.R.Dasan died and his family members approached the bank and considering the pathetic situation of the family the bank agreed to settle the transaction in the Adalat for Rs.60,000/- and the bank received the entire amount and the bank has no subsisting grievance against the petitioners and therefore there is no objection for quashing the proceedings. 3. Learned counsel appearing for the petitioners, third respondent and learned Public Prosecutor were heard. Crl.M.C.3017/2009 3 4. The final report establishes that the prosecution case is that petitioners forged salary certificates and agreements and making use of such forged documents availed loan of Rs.1,00,000/- from the bank and misappropriated the same and thereby committed the offences. As held by the Apex Court in Manoj Sharma v. State (2008(4) KLT 417 (SC) when the offences alleged are personal in nature and the disputes were amicably settled between the third respondent and the petitioners, it is not in the interest of justice to continue the prosecution. Petition is allowed. C.C.907/2006 on the file of Judicial First Class Magistrate's Court, Chalakkudy is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006