IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 11287 of 2002()
1. T.G. ALEXANDER, THOTTUMUTTATHU VEEDU,
... Petitioner
Vs
1. STATE REPRESENTED BY THE PUBLIC
... Respondent
2. BHARATHAKSHEMAM, ROUND SOUTH,
For Petitioner :SRI.VAKKOM N.VIJAYAN
For Respondent :SRI.DILIP J. AKKARA
The Hon'ble MR. Justice K.R.UDAYABHANU
Dated :26/07/2007
O R D E R
K.R.UDAYABHANU, J
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Crl.M.C.No.11287 of 2002
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Dated this the 26th day of July, 2007
O R D E R
The petitioner has sought for setting aside the proceedings in
C.C.No.67/2000 in the court of Chief Judicial Magistrate, Thrissur with
respect to the offences under Sections 406, 420 read with 34 IPC
alleging that the amounts due to the second respondent kuri
company has been fully satisfied and that the only remedy available
to the second respondent is to institute civil suit.
2. Annexure 1 is the copy of the private complaint filed
which has been taken cognizance vide C.C.No.67/2000.
3. I find that the main allegation is that the fixed deposit
receipt No.564399 deposited with the bank as security for availing
the chit amount was got encashed without information to the second
respondent, after obtaining a duplicate certificate representing that
the original has been lost. In the circumstances, this is not a fit case
to invoke Section 482 of Crl.P.C. The petitioner may apply for
discharge before the court below.
The Crl.M.C. is dismissed.
K.R.UDAYABHANU,
JUDGE
csl
K.R.UDAYABHANU, J
Crl.R.P.No.585/2000
ORDER
27th July 2007