IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 398 of 2010()
1. S.AJITH(PARTNER UNIQ INFRO TECHNOLOGIES)
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. M/S.DHANASREE CREDITS, INVESTMENTS &
For Petitioner :SRI.T.RAMPRASAD UNNI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :02/03/2010
O R D E R
M.Sasidharan Nambiar, J.
--------------------------
Crl.M.C.No.398 of 2010
--------------------------
ORDER
Petitioner is the second accused and second
respondent, the defacto complainant in C.C.No.
30/2008, now pending as L.P.No.74/2008, on the file
of Chief Judicial Magistrate’s Court, Palakkad,
taken cognizance for the offence under Section 420
of Indian Penal Code on Annexure-C complaint filed
by the second respondent. This petition is filed to
quash the cognizance taken contending that entire
disputes with the second respondent were settled
amicably. Petitioner produced Annexure-B, a copy of
the receipt for payment of Rs.65,000/- towards the
full and final settlement of the case in C.C.No.
30/2008.
2. Learned counsel appearing for the petitioner
was heard.
3. An offence under Section 420 of Indian Penal
Code is compoundable under Section 320(2) of Code
CRMC 398/10 2
of Criminal Procedure with the leave of the court.
It is compoundable by the person who was cheated.
When an offence is compoundable, it is not for this
Court to invoke the extraordinary jurisdiction
under Section 482 of Code of Criminal Procedure.
The person who was cheated is at liberty to
approach the learned Magistrate to get leave of the
court to compound the offence.
4. Learned counsel submitted that as a non
bailable warrant is pending, learned Magistrate may
insist for the presence of the petitioner. I find
no reason for the Magistrate to insist for the
presence of the accused, if there was a compounding
of the offence and the offence is compoundable and
it is established before the Magistrate that the
offence is compounded.
Petition is disposed.
2nd March, 2010 (M.Sasidharan Nambiar, Judge)
tkv