IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Crl.MC.No. 984 of 2011() --------------------------------- CC.138/2010 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOCHI .................... PETITIONER(S): ----------------------- 1. BALAJI INDUSTRIES REP.BY SHANTILAL MANABHAI SURATWALA PLOT NO.D-60 MIDC AREA, JALGAON, MAHARASTRA. 2. M/S.BALAJI SEEDS AND PROCESSING PVT.LTD. PLOT NO.D-60, MIDC AREA, JALGAON, MAHARASTRA. 3. SURATWALA N.MADANLAL, DIRECTOR, M/S.BALAJI SEEDS AND PROCESSING PVT.LTD., PLOT NO.D-60, MIDC AREA, JALGAON, MAHARASTRA. 4. SURATWALA N.NILESH, DIRECTOR, M/S.BALAJI SEEDS AND PROCESSING PVT.LTD. PLOT NO.D-60, MIDC AREA, JALGAON, MAHARASTRA. BY ADV. SRI.BABU PAUL RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 31. 2. THE SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, PALLURUTHY 26. *ADDL. R3 IMPLEADED. 3. AUGUSTINE .A., PROPRIETOR, ANTISON ENGINEERING WORKS, PANCHAYAT RAJ ROAD,PALLURUTHY, COCHIN 682 006. *ADDL. R3 IS IMPLEADED AS PER ORDER DTD. 21.6.2001 IN CRL.MA. 2461/11. R1 & R2 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD ADDL. R3 BY ADVS. SRI.S.MURALI , SRI.S.SUDHISH KUMAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.984/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE CHARGE SHEET DTD. 12.3.2009 IN CC. 138/2010 OF JFCM II COURT, KOCHI. A2:- COPY OF THE PLAINT IN OS. 292/08 BEFORE THE SUB COURT, KOCHI. A3:- COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS IN OS. 292/08. A4:- COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE the C.D.R.F., JALGAON. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.S.TO JUDGE tss B.P. RAY, J. ........................................... Crl.M.C. NO.984 OF 2011 ............................................. Dated this the 18th day of July, 2011. O R D E R Heard the learned counsel for the petitioners and learned Public Prosecutor. 2. The petitioners are the accused in C.C.No.138/2010 on the file of the Judicial Magistrate of First Class-II, Kochi for the offences punishable under Sections 120(b),409 and 420 read with Section 34 IPC. 3. I am not inclined to quash Annexure -A1 charge at this stage. It is open to the petitioners to file an appropriate application for discharge incorporating the documents indicating that the dispute is of civil nature. If such an application is filed on or before 1st week of August, 2011, the learned Magistrate shall pass appropriate orders thereon in accordance with law. 4. Petitioners 1 and 2 are companies and petitioners 3 and 4 are residents of Maharashtra. If petitioners 3 and 4 are ready and willing to surrender on or before the aforementioned date, the learned Magistrate shall release Crl.M.C. NO.984 OF 2011 : 2 : them on bail on such terms and conditions as the learned Magistrate deems fit. Thereafter the petitioners may file an application under Section 205 Cr.P.C for dispensing with their personal appearance, as they may not be able to appear before court on each and every date fixed for trial. If such an application is filed, the learned Magistrate may allow such application on such terms and conditions which he deems fit. Crl.M.C is disposed of accordingly. Sd/= B.P. RAY, JUDGE. cl /true copy/ P.S. to Judge