IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Crl.MC.No. 1609 of 2011() ------------------------------------ CC.91/1990 IN CMP.5073/2010 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT, NORTH PARAVUR .................... PETITIONER/ACCUSED --------------------------------- P.V. RAJENDRAN, S/O. KAMALAMMA @ CHELLAMMA, PUNNAKKATTUCHIRA HOUSE, THRIKKUNNAPUZHA, KARTHIKAPALLY TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.DIVAKARAN, SRIP.S.SUJETH, SMT.M.R.REENA. RESPONDENTS/COMPLAINANTS ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. CHENNAMANGALAM SERVICE CO-OPERATIVE BANK LTD. NO. 132, CHENNAMANGALAM REPRESENTED BY ITS PRESIDENT, PIN-683 812. 3. BABU LONAN, THE PRESIDENT, CHENNAMANGALAM SERVICE CO-OPERATIVE BANK LTD. NO.132, CHENNAMANGALAM, PIN-683 812. 4. P.P. KOMALAVALLY, SECRETARY, CHENNAMANGALAM SERVICE CO-OPERATIVE BANK LTD. NO. 132, CHENNAMANGALAM, PIN-683 812. R1 BY PUBLIC PROSECUTOR MR.K.J. MOHAMED ANZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1609 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE CHARGE SHEET 80/89 OF VADAKKEKKARA POLICE STATION DATED 30/10/1989. ANNEXURE A2: COPY OF THE DEPOSITION OF PW1. ANNEXURE A3: COPY OF THE RESOLUTION PASSED BY THE BOARD. ANNEXURE A4: COPY OF THE JOINT PETITION WITH THE ORDER OF THE COURT. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1609 of 2011 -------------------------------------- Dated this the 10th day of June, 2011. ORDER Petitioner is the first accused in C.C.No.91 of 1990 of the court of learned Judicial First Class Magistrate, North Parur facing trial for offences punishable under Sections 408, 468 and 477A read with Section 34 of the Indian Penal Code on the final report submitted by the Vadakkekara Police in Crime No.80 of 1989. The second accused died pending the case. Prosecution case is that petitioner who was paid secretary and second accused who was chief accountant of the Service Co-operative Bank during the period 1983-86 forged gold loan bonds in the name of customers, without gold security raised loan and misappropriate the same. It is also alleged that petitioner and second accused created such loan accounts even in the names of non-existant persons and thus committed offences as above stated. 2. Petitioner and the Secretary of the Bank filed a compromise petition before the learned Magistrate on December 17, 2010 stating that the matter is settled. Learned Magistrate was not inclined to allow the request since it involved non-compoundable offence. Hence this Criminal Miscellaneous Case. I have heard learned Public Prosecutor also. Crl.MC No.1609/2011 2 3. I am told that this matter is posted on 20.06.2011 for trial. Case is of the year 1990. It is not necessary that this Court should interfere at this stage also having regard to the nature of the offence and the office petitioners were holding while (allegedly) committing the offences. If the Bank authorities have a case that there is no offence committed by the petitioner it is open to them to adduce appropriate evidence in that line and as law provides. Resultantly without prejudice to the above said right of parties, this petition is closed. THOMAS P.JOSEPH, Judge.