P.M.Muhammed vs State Bank Of India on 13 May, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1601 of 2010()


1. P.M.MUHAMMED, PALLIMANNIL HOUSE,
                      ...  Petitioner

                        Vs



1. STATE BANK OF INDIA, KODUVALLY BRANCH,
                       ...       Respondent

2. STATE OF KERALA, REP. BY THE PUBLIC

                For Petitioner  :SMT.SREEKALA KRISHNADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :13/05/2010

 O R D E R
                         P.S.GOPINATHAN, J
                       -------------------
                     Crl.M.C No.1601 of 2010
                      --------------------
                Dated this the 13th day of May, 2010

                             O R D E R

This is a petition under Section 482 of the Criminal

Procedure Code seeking an order to quash the charge sheet filed

in Crime No.118 of 2007 of Koduvally Police Station. It appears

that after investigation final report was filed before the Judicial

Magistrate of the First Class-I, Thamarasseri. However, no copy

of the charge sheet is produced. The petitioner seeks the relief

with a pleading that offences under Sections 409 and 420 I.P.C

were alleged against the petitioner for the reason that the

manager of the bank had detected some misappropriation

against the petitioner who is a messenger of the bank and that

the petitioner had now remitted the amount. According to the

petitioner, so there is no purpose in proceeding with the

prosecution. Having heard the learned counsel for the

petitioner, I find that the petition is a misconceived one. In the

Crl.M.C.No.1601/2010
2

event the matter is settled, the petitioner is at liberty to file a

compromise petition before the trial court.

With liberty to file the compromise petition, if the law so

permits, this petition is dismissed.

(P.S.GOPINATHAN, JUDGE)

rtr/