IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 Crl.MC.No. 4453 of 2010 () ------------------------- (CC.25/2009 of JUDL.MAGISTRATE OF FIRST CLASS-III, KOTTAYAM) .................... PETITIONER/ACCUSED NO.2 ----------------------------------------- VENUGOPAL, S/O.VELAYUDHAN, KUNNUMPURATH VEEDU, UPOOTIL DESAM, KOTTAYAM BY ADVS. SRI.P.P.THAJUDEEN SRI.MANSOOR.B.H. RESPONDENTS/COMPLAINANT AND STATE ----------------------------------------------------------------- 1. PADMINI E.K., SECRETARY REPRESENTING KARAPUZHA SERVICE, CO-OP. BANK LTD. NO. 74, THAZHATHANGADI BRANCH, KOTTAYAM DISTRICT-686005. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, KOTTAYAM WEST POLICE STATION. BY PUBLIC PROSECUTOR, SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4453 OF 2010 =========================== Dated this the 9th day of November,2010 ORDER Second accused in C.C.25/2009 on the file of Judicial First Class Magistrate Court-III, Kottayam taken cognizance for the offences under section 420, 468 and 477A read with section 120B of Indian Penal Code, filed this petition under section 482 of Code of Criminal Procedure to quash the proceedings contending that entire disputes were amicably settled with first respondent, the de facto complainant. 2. Learned counsel appearing for the petitioner was heard. 3. No material is produced to show that there has been any settlement of the disputes as contended in the petition. Learned counsel appearing for the petitioner submitted that Crl.M.C.4453/2010 2 notice may be issued to the first respondent. I do not find it necessary to issue notice to the first respondent, in the absence of any material to show that there was a composition of the offences as claimed. Petition is dismissed with liberty to the petitioner to approach the court along with the de facto complainant, if in fact there has been a settlement of the disputes. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006