Cholamandalam Investment And … vs State Of Kerala on 29 October, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2608 of 2005()


1. CHOLAMANDALAM INVESTMENT AND FINANCE
                      ...  Petitioner
2. ANANDAN, MANAGING DIRECTOR,

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. K.N.UNNIKRISHNAN,

                For Petitioner  :SRI.PHILIP T.VARGHESE

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :29/10/2008

 O R D E R
               K.P. Balachandran, J.
              -----------------------
              Crl.M.C.No.2608 of 2005
              -----------------------

                       ORDER

Petition filed under Section 482 of the Cr.P.C.

2. Heard counsel for the petitioner. After

going through the entire records made available

before me, I am not of the view that Annexure-A1

complaint does not make out any offence as alleged

or that there is sufficient reason why the

proceedings initiated in the court below has to be

quashed, as it cannot be said, on the materials

placed before me, that the complaint is designed to

harass the petitioner or that there is absolutely

no material in the case to enable the case to end

in a conviction of the petitioner/accused. The

proceedings in C.C.No.119/04 of the court below is,

hence, not liable to be quashed.

3. The request made by the counsel for the

petitioner to grant exemption to the second

CRMC 2608/05 2

petitioner, who is the Managing Director of the

first petitioner Company, is a matter that can be

urged before the court below and it does not

deserve to be considered by this Court.

Without prejudice to the petitioner advancing

arguments in the court below for a discharge, if at

all charge is not already framed, I dismiss this

Crl.M.C.

29th October, 2008 (K.P.Balachandran, Judge)
tkv