IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Crl.MC.No. 3845 of 2011() ----------------------------------- AGAINST THE NOTICE ISSUED U/S 91 OF THE CRIMINAL PROCEDURE CODE ISSUED BY THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION ----------------------- PETITIONER(S) :- ------------------------ MOTI JOSE, S/O. K.P.JOSE, AGED 40, C/3 BLOCK NO.5, KANJIRATHINGL HOUSE, V.B.GARDEN, CHEMBUMUKKU, KAKKANAD WEST.P.O., KOCHI-30. BY ADV. SRI.K.R.VINOD RESPONDENT(S) :- -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031. 2. THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE - 673 011. 3. AJESHKUMAR, S/O. KRISHNAN NAIR, PUTHENPURACKAL HOUSE, EDAKKATTU VAYAL, KANAYANNUR, ERNAKULAM - 682 313. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.MC.No. 3845 of 2011 APPENDIX PETITIONER(S) EXHIBITS :- ANX.A1 THE COPY OF THE SIGNED MEMORANDUM EXECUTED BETWEEN PETITIONER AND THE 3RD RESPONDENT DATED 3-2-2011. ANX.A2 THE COPY OF THE CHEQUE BEARING NO.171932 OF RS. 3 LAKHS DRAWN ON UNION BANK OF INDIA, KOZHIKODE MAIN BRANCH. ANX.A3 THE COPY OF CHEQUE DISHONOUR MEMORANDUM, DATED 28-4- 2011. ANX.A4 THE COPY OF THE LEGAL DEMAND NOTICE SENT BY THE PETITIONER. ANX.A5 THE COPY OF THE PLAINT IN O.S. NO.924/2011. ANX.A6 THE ORIGINAL OF THE NOTICE U/S 91 CRIMINAL PROCEDURE CODE, ISSUED BY THE 2ND RESPONDENT DATED 16-10-2011. RESPONDENTS' EXHIBITS :- NIL //TRUE COPY// P.A. TO JUDGE N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3845 of 2011 ----------------------------------- Dated this the 16th day of November 2011 O R D E R Learned counsel for the petitioner submits that R3, Mr.Ajesh Kumar is the RC owner of the vehicle. As per Annexure A1 agreement, the vehicle was given possession to the petitioner since the petitioner had lent Rs.3,00,000/- to R3. A cheque was also issued by R3 for a sum of Rs.3,00,000/- borrowed by him. When that cheque was presented, it was bounced. Subsequently for realisation of the money, the petitioner has filed a suit before the Sub Court, Ernakulam and the aforesaid car has been attached pursuant to the order passed in that suit. This is the case submitted by the learned counsel for the petitioner. 2. The learned counsel submits that A6 notice has been received from the Sub Inspector of Police, Nadakavu Police Station which directs the petitioner to produce the Crl.M.C. No.3845 of 2011 -: 2 :- car and also the records in respect of that vehicle which the petitioner has. The learned counsel submits that if the vehicle is produced before the S.I. of Police, it would be given to the 3rd respondent, in which case, the petitioner would lose the amount of Rs.3,00,000/- he had lent to R3. In such circumstance, for the time being, the petitioner can produce the copy of the agreement and also a statement if necessary explaining as to how the petitioner is now in possession of the vehicle. The S.I. of Police, Nadakavu Police Station shall not insist the petitioner to produce the vehicle for the time being. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt