The Kerala High Court allowed a petition to quash criminal proceedings against the first accused in C.C. No. 145/2016. Based on a No Objection Certificate from the bank confirming full settlement of dues, the court invoked Section 482 CrPC to stop further action.
Further proceedings as C.C. No. 145 of 2016 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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 15TH DAY OF DECEMBER 2016/24TH AGRAHAYANA, 1938 Crl.MC.No. 5177 of 2016 () ---------------------------
AGAINST THE ORDER/JUDGMENT IN CC 145/2016 of J.M.F.C. - I, ETTUMANUR DATED CRIME NO. 1030/2015 OF KIDANGOOR POLICE STATION , KOTTAYAM
PETITIONER(S)/1ST ACCUSED:
REJIMON JAMES AGED 52 YEARS, S/O.JAMES, VALLITHOTTATHIL HOUSE, KOODALLOOR PO, KIDANGOOR VILLAGE, KOTTAYAM
BY ADVS.SRI.SANIL JOSE SRI.NIXON PAUL
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANAT: ---------------------------------------------
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15-12-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CONTD...
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Crl.MC.No. 5177 of 2016 () ---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------ANNEXURE I TRUE PHOTOCOPY OF THE FINAL REPORT IN CC.NO. 145/2016 ON THE FILES JFCM I, ETTUMANOOR ANNEXURE 2 TRUE PHOTOCOPY OF THE FIR NO. 1030/2015 OF KIDANGOOR POLICE STATION ANNEXURE 3 TRUE PHOTOCOPY OF THE JUDGMENT DATED 26.07.2016 IN WPC.NO. 21336/2016 ANNEXURE 4 ; NO OBJECTION CERTIFICATE DATED 05.12.2016 ISSUED BY THE SECOND RESPONDENT
RESPONDENT(S)' EXHIBITS : NIL -----------------------
//TRUE COPY//
P.A. TO JUDGE
SKS
RAJA VIJAYARAGHAVAN.V, J
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Crl.M.C. No. 5177 of 2016
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Dated this the 15th day of December, 2016
O R D E R
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Crl.M.C. No. 5177 of 2016
2
the petitioner.
3.Sri.A. Antony, the learned counsel appearing for the 2nd respondent Bank submitted that all disputes have been settled and the amount due to the bank has been remitted. It is submitted that the bank has no further grievance.
4.Having considered all the relevant circumstances, I am of the considered view that this Court will be well justified in invoking its extra ordinary powers under Section 482 of the Code to quash the proceedings.
5.Resultantly, this petition will stand allowed. All further proceedings against the petitioner now pending as C.C. No. 145 of 2016 on the file of Judicial First Class Magistrate –I, Ettumanoor are quashed.
Sd/RAJA VIJAYARAGHAVAN.V. JUDGE
SKS
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether criminal proceedings under Sections 451, 188, 427, 511 IPC should be quashed after full settlement of liabilities and bank's consent.
1 provisions across 1 enactments
Rejimon James
State of Kerala
Federal Bank Ltd.
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
