This High Court quashed criminal proceedings against petitioners accused of cheating and criminal breach of trust. The court found all dues, including interest, were discharged by a civil decree, rendering further trial unnecessary.
All further proceedings in CC No.720/2003 of the Chief Judicial Magistrate Court, Ernakulam against the petitioners are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937
Crl.MC.No. 678 of 2015
CC 720/2003 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM.
PETITIONER(S):
1. G.PEETHAMBABRAN, S/O.LATE GOPALAN NAIR, AGED 54 YEARS, FLAT NO.72, M.HABITAT, KURISUPALLY, VASDUTHALA, KOCHI - 23.
2. N.BHAGYALAKSHMI, W/O.G.PEETHAMBARAN, AGED 48, FLAT NO.72, J.M.HABITAT
BY ADVS.SRI.LAL K.JOSEPH
SRI.A.A.ZIYAD RAHMAN SRI.JOJO GEORGE SRI.V.S.SHIRAZ BAVA
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,
2. STATE BANK OF INDIA,
R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
Crl.MC.No. 678 of 2015
APPENDIX
PETITIONER(S)' ANNEXURES:
| ANNEXURE A1. | TRUE COPY OF THE CRL.MP.NO. 13786/02 FILED BY THE 2ND RESPONDENT BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. |
|---|---|
| ANNEXURE A2. | TRUE COPY OF THE CHARGE SHEET IN CC.NO. 720/03 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. |
| ANNEXURE A3. | TRUE COPY OF THE PLAINT IN OS.NO.16/02 FILED BY THE 2ND RESPONDENT BEFORE THE SUBORDINATE JUDGES COURT ERNAKULAM. |
| ANNEXURE A4. | TRUE COPY OF THE 'B' DIARY PROCEEDINGS OF THE CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM IN CC.NO. 720/03 FROM 6.10.03 TO 24.4.12. |
| ANNEXURE A4(A). | TRUE COPY OF THE 'B' DIARY PROCEEDINGS OF THE CHIEF JUDICIAL MAGISTRATE COURT ERNAKULAM IN CCNO. 720/03 FROM 8.5.12 TO 3.12.14. |
| ANNEXURE A5. | TRUE COPY OF THE ORDER DATED 8.3.11 IN EP.NO. 24/07 IN OS.NO. 16/02. |
| ANNEXURE A6. | TRUE COPY OF THE DEPOSITION OF 2ND RESPONDENT (PW1) DATED 1.10.2014 IN CC.720/03. |
| ANNEXURE A7. | TRUE COPY OF THE CERTIFICATE SARB/99 DATED 21.12.13 MARKED AS EXHIBIT D1 DOCUMENT IN CC.720/03. |
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
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B. KEMAL PASHA, J.
Crl.M.C. No.678 of 2015 E
Dated this the 12th day of October, 2015
O R D E R
~ ~ ~ ~ ~ ~
Petitioners are the accused in CC No.720/2003 of
the Chief Judicial Magistrate's Court, Ernakulam for the offences punishable under Sections 403, 406 and 420 IPC. The case has arisen from Crime No.823/2002 of the Central
Police Station, Ernakulam.
Crl.M.C.678/2015
: 2 :
OS.16/2002 before the Subordinate Judge's Court,
Ernakulam, in respect of the very same matter and the same was decreed. The entire amounts covered by the decree was discharged by the petitioners. Annexure-A5 shows that full satisfaction of the decree was recorded in view of the memo filed by the decree holder Bank before the Subordinate Judge's Court, Ernakulam.
Crl.M.C.678/2015
: 3 :
transaction with interest have been paid. The decree in respect of the said transaction was discharged. Matters being so, no fruitful purpose will be served in proceeding with the trial of the matter and, therefore, all further proceedings in CC No.720/2003 of the Chief Judicial Magistrate's Court, Ernakulam can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in CC No.720/2003 of the Chief Judicial Magistrate's Court, Ernakulam as against the petitioners are quashed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/12/10
// True Copy //
PA to Judge
G.Peethambabran
N.Bhagalakshmi
State of Kerala
State Bank of India
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
