IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 Crl.MC.No. 1920 of 2011() ------------------------ CC.25/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III, KOTTAYAM ............. PETITIONER / ACCUSED NO. 2 : ---------------------------------------------- VENUGOPAL, S/O. VELAYUDHAN, KUNNUMPURATH VEEDU, UPOOTIL DESOM, KOTTAYAM. BY ADVS. SRI.P.P.THAJUDEEN SRI.MANSOOR.B.H. RESPONDENTS / DEFACTO COMPLAINANT & STATE : ------------------------------------------------------------------------------- 1. PADMINI E.K., SECRETARY REPRESENTING KARAPUZHA SERVICE CO-OPERATIVE BANK LTD NO.74, THAZHATHANGADI BRANCH, KOTTAYAM DIST - 686 005. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING STATION HOUSE OFFICER KOTTAYAM WEST POLICE STATION, KOTTAYAM DIST. - 682 031 R1 BY ADV. SRI. LIJI J. VADAKEDOM R2 BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1920 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE IA : CERTIFIED COPY OF THE FINAL REPORT IN CC NO. 25/2009 OF JFCM COURT-III, KOTTAYAM. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P. JOSEPH, J. ---------------------------------------------- Crl. M.C No. 1920 OF 2011 ----------------------------------------------- DATED THIS THE 29th DAY OF JUNE, 2011 O R D E R Petitioner is the 2nd accused in Crime No.308 of 2003 of Kottayam West Police Station and CC No.25 of 2009 of Judicial First Class Magistrate's Court, Kottayam for offences punishable under Sections 420, 468, 477-A read with 120-B of IPC. The case of the petitioner is that petitioner and others in furtherance of conspiracy misappropriated Rs.1,44,596/- making use of forged loan applications. Petitioner claims to have remitted the entire amount. The Director board of 1st respondent has agreed to compound the offence. In the circumstances it is prayed that proceeding against petitioner may be quashed. 2. Heard learned counsel for the petitioner, 1st respondent and learned public prosecutor. Counsel on both sides confirmed settlement. Learned counsel for 1st respondent has also confirmed genuineness and authenticity of affidavit sworn by the 1st respondent. Petitioner has remitted the amount payable by him. It is pointed out that proceeding against the 1st accused was quashed by this Court on a similar settlement. Crl. M.C No.1920/2011 -2- 3. In the affidavit dated June 29, 2011 of the 1st respondent is is stated that petitioner was working as a Collection agent of the Bank (on commission basis) and that ever since detection of the offence the bank stopped availing the service of petitioner. The bank has not employed petitioner as its collection agent. Petitioner has filed an affidavit on June 29, 2011 where it is stated that he is not in the service of the bank presently. He has also undertaken that he would not claim any benefit from the bank in future on the basis that proceeding against him is quashed. 4. The above statement made by the 1st respondent and undertaking made by petitioner are sufficient to protect the interests of the bank and its customers. In the circumstances I am inclined to allow the request. Resultantly Crl. M.C is allowed. Proceeding against petitioner/2nd accused in CC No.25 of 2009 pending on the file of Judicial First Class Magistrate Court-III, Kottayam (arising from Crime No.308 of 2003 of Kottayam West Police Station) is quashed. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge