IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Crl.MC.No. 51 of 2011() ---------------------------------- CC.NO.103/2006 of CHIEF JUDICIAL MAGISTRATE, KASARAGOD .................... PETITIONER(S): 6TH ACCUSED ---------------------------------------------- ZUHARA, AGED 75 YEARS, W/O.BASHEER, PARTNER, M/S.SAFA CONSTRUCTIONS, VIDYANAGAR, KASARAGOD, RESIDING AT PERUMBALA ROAD, VIDYANAGAR, KASARAGOD. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.I. OF POLICE, POLICE STATION, KASARAGOD. 2. LORD KRISHNA BANK LTD., KASARAGOD, BRANCH REPRESENTED BY ITS BRANCH MANAGER K.C.SHAFEEQUE, S/O.K.C.KOYAKHANKUTTY, KASARAGOD, KASARAGOD VILLAGE AND POST, KASARAGOD TALUK.PIN-686 633 R1 BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.51/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE COMPLAINT CMP.NO.2711 OF 2005 FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KASARAGOD. ANNEX B COPY OF THE ORDER IN CRL.M.C.NO.937 OF 2006. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. ------------------------------------------------- Crl. M.C No.51 OF 2011 ------------------------------------------------- DATED THIS THE 3rd DAY OF AUGUST, 2011 O R D E R Heard Learned counsel for the petitioner and the learned Public Prosecutor. Inpsite of notice, there is no appearance for the 2nd respondent. 2. Petitioner is the 6th accused in C.C No.103/2006 alleging commission of an offence under Section 420 of IPC now pending before the Chief Judicial Magistrate's Court, Kasaragod. This case was filed by the petitioner/accused No.6 under Section 482 of Cr.P.C to quash all further proceedings in C.C No.103/2006 3. In paragraph 7 of the complaint submitted by the 2nd respondent it is specifically stated as follows: “Whereas the property which offered as security to the Bank is a vacant dry land without any improvements and is situated in a hill area of Kommangala locality of Meenja village and was valued by the same valuer (accused No.4) at Rs.1.67 lakhs. On verification of the re-valuation report dated 16-07-2004 the complainant bank came to the safe conclusion that at the time of the initial valuation of the property, the valuation was taken pertaining to some other properties and not the property of accused No.2 A.M.M. Basheer covered under the document. Based on the said false valuation report which endorsed by the then Manager (accused No.3) the complainant bank has been dishonestly induced by the borrower to Crl M.C No.51/2011 -2- sanction the loan. On the basis of false valuation report dated 16-11-2000 and pursuant thereto the Bank has parted with a large sum by way of loan without sufficient security.” 4. By order dated 03-08-2010 in Crl. M.C No.937/2006, filed by accused 5 and 7, who are partners of the said firm, this court quashed the proceedings against the 7th accused on the ground of vague allegations in the complaint. Paragraph 4 of the above order is as follows: “...Dishonest intention of the accused in the commission of the act constituting the offence of cheating is an essential ingredient to prove his/her complicity in such offence. Even assuming that the Managing Partner or one or the other partner were also parties to the deception and fraud alleged to have been committed by the Manager and approver of the bank accused 3 and 4, it is not possible to rope in all the partners of the firm with a mere statement that they too had knowledge as to the acts of deception committed by some others....” 5. Since there is an allegation that the petitioner has taken the amount, the case of the petitioner in this case is identical to the facts of the above case. Crl. M.C is allowed. Proceedings against the petitioner in C.C 103/2006 on the file of the Chief Judicial Magistrate, Kasaragode are quashed. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge