IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Crl.MC.No. 9 of 2008() ------------------------------- CC.159/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-III, KOTTAYAM .................... PETITIONER/ACCUSED NO.12 ------------------------------------------- N. MANI, NO. 321, III FLOOR LINGHI CHETTY STREET,CHENNAI -600 001. BY ADV. MR.BIJU .C. ABRAHAM RESPONDENTS/COMPLAINANT AND THE STATE ---------------------------------------------------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. MANI ABRAHAM, S/O. N.M. ABRAHAM, NALLANATTU HOUSE, MULLANKUZY, COLLECTORATE P.O., KOTTAYAM -2. R1 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY ADV. MR.LIJI.J.VADAKEDOM . THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/12/2009, ALONG WITH CRMC NO.10 OF 2008 AND CRMC NO.11 OF 2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ---------------------------------------------- Crl.M.C.NO.9, 10 & 11 OF 2008 --------------------------------------------- Dated 4th December 2009 O R D E R Petitioner in Crl.M.C.9/2008 is the 12th accused and petitioners in Crl.M.C.10/2008 are accused 3, 4, 5, 8, 9 and 10 in C.C.159/2007 and petitioners in Crl.M.C.11/2008 are accused 1,2,6,7 and 11 on the file of Judicial First Class Magistrate-III, Kottayam. Second respondent is the de facto complainant. Petitions are filed under Section 482 of Code of Criminal Procedure to quash the complaint taken cognizance by the learned Magistrate contending that ingredients of offences under Sections 409 and 420 of Indian Penal Code is not attracted. 2. Learned counsel appearing for the petitioners, second respondent and learned Public Prosecutor were heard. 3. Learned counsel appearing for second respondent submitted that petitioners have received the amount in violation of the directions of the Reserve Bank of India and that too when they were Crmc 9,10 & 11/08 2 barred from receiving deposits and in such circumstances, offences under Sections 409 and 420 of Indian Penal Code is attracted. Learned counsel appearing for the petitioners submitted that petitioners may be permitted to raise all the contentions before the learned Magistrate and seek an order of discharge, as learned Magistrate has not so far framed the charge. Petitions are disposed granting liberty to the petitioners to seek an order of discharge raising all the contentions raised herein. Petitioners are at liberty to file petition under Section 205 of Code of Criminal Procedure to dispense with their presence for that purpose. If petitions are filed, learned Magistrate to pass appropriate orders in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE. uj.