High Court Kerala High Court

M/S. Koncherry Weavers Pvt. Ltd vs Cartopacks on 28 August, 2008

Kerala High Court
M/S. Koncherry Weavers Pvt. Ltd vs Cartopacks on 28 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2748 of 2008()


1. M/S. KONCHERRY WEAVERS PVT. LTD,
                      ...  Petitioner
2. K.S. SHAJI, MANAGING DIRECTOR,

                        Vs



1. CARTOPACKS, 92/A, DEVELOPMENT PLOT,
                       ...       Respondent

2. STATE OF KERALA, REP. BY

                For Petitioner  :SRI.SATISH MURTI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :28/08/2008

 O R D E R
                        R. BASANT, J.
          -------------------------------------------------
                Crl.M.C. No. 2748 of 2008
          -------------------------------------------------
        Dated this the 28th day of August, 2008

                             ORDER

The respondent/complainant has entered

appearance. The respondent/complainant submits that

that he has already received the actual cheque amount by

demand draft and is also willing to receive the amount of

Rs.10,000/- which is in deposit before the court below. It

is submitted that the matter stands posted to 2/9/2008.

The respondent/ complainant shall on that day withdraw

the complaint under Sec.257 Cr.P.C. after receiving the

amount of Rs.10,000/-.

2. The learned Magistrate shall on 2/9/2008 treat the

complaint as withdrawn and order the release of the

Crl.M.C. No. 2748 of 2008 -: 2 :-

amount of Rs.10,000/- to the respondent/complainant. The

personal presence of the petitioners need not be insisted by

the learned Magistrate in these circumstances.

3. This Crl.M.C. is allowed to the above extent.

Compliance shall be reported to this Court by the learned

Magistrate.

(R. BASANT, JUDGE)

Nan/

Crl.M.C. No. 2748 of 2008 -: 3 :-

R. BASANT, J.

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Crl.M.C. No. 2748 of 2008

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Dated this the 19th day of August, 2008

ORDER

There is no appearance for R1. The learned counsel for

the petitioners submits that even further amount of Rs.10,000/-

deposited can be released to the complainant by the learned

Magistrate if the complainant either withdraws the complaint

under Sec.257 Cr.P.C. or reports composition. It is observed

that if the prosecution is withdrawn or compromised the amount

of Rs.10,000/- can also be released to the complainant by the

learned Magistrate. It is submitted that the case now stands

posted to 20/8/2008. The learned Magistrate shall after 20/8/08

make a report to this Court as to what transpired on 20/8/2008.

Call on 28/8/2008.

(R. BASANT, JUDGE)

Nan/

Crl.M.C. No. 2748 of 2008 -: 4 :-