IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 Crl.MC.No. 4005 of 2010() ------------------------ CC.1205/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM .................. PETITIONER / ACCUSED : ---------------------------------- P.C.SUNNY, AGED 50 YEARS, S/O.CHANDY, PLAMMOOTIL HOUSE, THATTEKAD P.O., PALAMATTOM, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.S.JIJI RESPONDENTS / STATE & DEFACTO COMPLAINANT : --------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTING S.I. OF POLICE, KOTHAMANGALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. PUNNEKKAD MILK PRODUCERS CO-OP. SOCIETY LTD.NO.E35(D) APCOS., KEERAMPARA P.O., PUNNEKKAD, ERNAKULAM DISTRICT, PIN-686 691, REPRESENTED BY ITS PRESIDENT. R1 BY PUBLIC PROSECUTOR SMT. REKHA C. NAIR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4005 OF 2010 =========================== Dated this the 30th day of September,2010 ORDER Petitioner the accused in C.C.1205/2003 on the file of Judicial First Class Magistrate Court, Kothamangalam taken cognizance for the offences under sections 403, 408, 468 and 477A of Indian Penal Code filed this petition under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire amount due to the milk society was paid evidenced by Annexure III and therefore the proceedings is to be quashed. 2. By paying the amount allegedly misappropriated by the petitioner, the offences if any committed cannot be obliterated. Hence based on Annexure III, the case cannot be quashed as sought for. Learned counsel appearing for the petitioner submitted that the Crl.M.C.4005/2010 2 society will agree for the composition. If the society agrees, petitioner is at liberty to file a fresh petition with the agreement showing the composition. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006