IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Crl.MC.No. 1235 of 2010() ------------------------------------- LP.3/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KOLENCHERRY CRIME NO.100/2002 OF KUNNATHUNADU POLICE STATION. .................... PETITIONER/ACCUSED ---------------------------------- SAKEER, S/O. P.A.ABDUL KHADER, AGED 45 YEARS, BUSINESS, PALUPARATH HOUSE, FERRY ROAD, KALAMASSERY P.O., NJALAKAM KARA, THRIKKAKARA NORTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM. BY ADV. MR.P.M.ZIRAJ RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM, REP. BY SUB INSPECTOR OF POLICE, KUNNATHUNADU POLICE STATION, ERNAKULAM IN CRIME NO.100/2002. 2. SURESH, S/O. SANKARAN NAIR, AGED 41 YEARS, MANAGER, M/S. SPICES SAK INDIA, PALLIKKARA, RESIDING AT RAJANI NIVAS, LIC ROAD, NILAMBUR VILLAGE, MALAPPURAM DISTRICT. 3. SARA ISSAC, AGED 38 YEARS, PROPRIETOR, M/S. SPICES SAK INDIA, PALLIKKARA, RESIDING AT LINK HEIGHT, PANAMPILLY NAGAR, ERNAKULAM DISTRICT. R1 BY PUBLIC PROSECUTOR MR.K.S. SIVAKUMAR. R2 & R3 BY ADV. MR.V.V.SURESH. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1235 OF 2010 =========================== Dated this the 8th day of April,2010 ORDER Petitioner is the accused in L.P.3/2006 on the file of Judicial First Class Magistrate's Court, Kolencherry. Learned Magistrate has taken cognizance for the offence under section 408 of Indian Penal Code on Annexure AII final report as C.C.775/2002. The case in Annexure AII final report is that while petitioner was working as the Sales representative of Spices Sak India, he cheated the Company by misappropriating Rs.20,289/- being the value of quickmix curry powder, entrusted to the petitioner during the period 9.10.2001 to 29.12.2001 and thereby committed the offence under section 408 of Indian Penal Code. As petitioner was absconding the case was subsequently removed to the register of pending Crl.M.C.1235/2010 2 cases. This petition is filed under section 482 of the Code of Criminal Procedure to quash the proceedings contending that the entire disputes with the Spices Sak India were settled amicably and therefore it is not in the interest of justice to continue the prosecution. Second respondent was the then Manager of M/s. Spices Sak India,Pallikkara the first charge witness in the case and third respondent the proprietor. 2. Respondents 2 and 3 appeared through a counsel. An affidavit is filed by the second respondent stating that the entire disputes with the petitioner were settled and therefore the de facto complainant has no objection for compounding the offence. Third respondent filed an affidavit stating that he is the proprietor of M/s.Spices Sak India and they have no objection for quashing the proceedings as the entire disputes were settled. 3. Learned counsel appearing for the petitioner, respondents 2 and 3 and learned Public Prosecutor were heard. Crl.M.C.1235/2010 3 4. An offence under section 408 of Indian Penal Code is compoundable as provided under section 320(2) of Code of Criminal Procedure with the leave of the court if the amount misappropriated is less than Rs.2000/-. As the amount involved in the case is Rs.20,289/-, the case cannot be compounded. The affidavit filed by the then Manager as well as the proprietor of the concern establish that entire disputes with the petitioner were settled. As held by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008(3) KLT 19) when the offences alleged against the petitioner is purely personal in nature as against the proprietory concern of the third respondent and it has been settled amicably, it is not in the interest of justice to continue the prosecution. Petition is allowed. L.P.3/2006 on the file of Judicial First Class Magistrate's Court, Kolencherry is quashed. M.SASIDHARAN NAMBIAR JUDGE tpl/- Crl.M.C.1235/2010 4 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006