IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3017 of 2009()
1. P.V.ANTO, 52 YEARS, S/O.P.M.VARGHESE,
... Petitioner
2. T.N.SASIKUMAR, 41 YEARS,
3. SIVARAJAN, 49 YEARS, S/O.MANI,
4. SOMAN, 46 YEARS, S/O.SIDHARTHAN,
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. SUB-INSPECTOR OF POLICE,
3. GENERAL MANAGER, TOWN CO-OPERATIVE
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 3017 OF 2009
===========================
Dated this the 15th day of March,2010
ORDER
Petitioners are accused in C.C.907/2006 on
the file of Judicial First Class Magistrate’s
Court, Chalakkudy taken cognizance for the
offences under sections 419, 420, 463, 464,
467, 468, 471, 472, 474, 475, 120B read with
section 34 of Indian Penal Code on Annexure A2
final report submitted by the Sub Inspector of
Police, Chalakkudy in Crime No.444/2006
registered on Annexure A1 complaint filed by
third respondent before learned Magistrate who
sent it for investigation under section 156(3)
of the Code of Criminal Procedure. Prosecution
case is that petitioners forged salary
certificates and agreements and used them as
genuine and obtained a loan of Rs.1,00,000/-
from the bank and misappropriated the same and
Crl.M.C.3017/2009 2
thereby committed the offences. This petition is
filed under section 482 of the Code of Criminal
Procedure contending that entire amount due to the
third respondent bank was subsequently paid and as
there is no subsisting liability it is not in the
interest of justice to continue the prosecution.
2. Third respondent appeared through a counsel
and filed a statement disclosing that after filing
of the private complaint, the principal borrower
T.R.Dasan died and his family members approached
the bank and considering the pathetic situation of
the family the bank agreed to settle the
transaction in the Adalat for Rs.60,000/- and the
bank received the entire amount and the bank has
no subsisting grievance against the petitioners and
therefore there is no objection for quashing the
proceedings.
3. Learned counsel appearing for the
petitioners, third respondent and learned Public
Prosecutor were heard.
Crl.M.C.3017/2009 3
4. The final report establishes that the
prosecution case is that petitioners forged salary
certificates and agreements and making use of such
forged documents availed loan of Rs.1,00,000/- from
the bank and misappropriated the same and thereby
committed the offences. As held by the Apex Court
in Manoj Sharma v. State (2008(4) KLT 417 (SC) when
the offences alleged are personal in nature and
the disputes were amicably settled between the
third respondent and the petitioners, it is not in
the interest of justice to continue the
prosecution.
Petition is allowed. C.C.907/2006 on the file
of Judicial First Class Magistrate’s Court,
Chalakkudy is quashed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006