Allowed

Sajikumar v. the State of Kerala

Kerala HC15 Jun 2023Crl.MC/1185/2014

Case brief

AI extract

What is this about?

Kerala High Court allowed a Criminal Miscellaneous Application to quash criminal proceedings (C.C. No. 1270 of 2013) against two accused persons. The court held that since the bank manager and the accused mutually settled the loan dispute via a One Time Settlement agreement with full remission of dues, further prosecution was not warranted as it would waste judicial time.

What did the court decide?

Proceedings in C.C. No.1270 of 2013 arising from Crime No.708 of 2012 are quashed.

Sajikumar Vs the State of Kerala — Quashing and FIR | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

THURSDAY, THE 15TH DAY OF JUNE 2023 / 25TH JYAISHTA, 1945

¶5

CRL.MC NO. 1185 OF 2014

¶6

AGAINST THE ORDER/JUDGMENT CC 1270/2013 OF JUDICIAL MAGISTRATE

¶7

OF FIRST CLASS -I,NEDUMANGAD

¶8

PETITIONERS/ACCUSED A1 AND A2

¶9

1 SAJIKUMAR

¶10

AGED 38 YEARS
S/O.KRISTUDAS, ANIL BHAVAN, PANAVILA, MITRA NIKETHAN,
CHANGAMURI, VELLANADU VILLAGE

¶11

2 ANITHA KUMARI W/O.SAJIKUMAR, ANIL BHAVAN, PANAVILA, MITRA NIKETHAN, CHANGAMURI, VELLANADU VILLAGE

¶12

BY ADV sasthamangalam S. Ajithkumar S

¶13

RESPONDENT/STATE AND DEFACTO COMPLAINANT

¶14

1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM

¶15

2 SINDHU MANAGER, SYNDICATE BANK, VELLANDU BRANCH BY ADVS.

¶16

SRI.R.S.KALKURA
SRI.R.S.KALKURA

¶17

OTHER PRESENT:

¶18

PP M.C.ASHI

¶19

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

¶20

15.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶21

¶22

Crl.M.C No.1185 of 2014

¶23

ORDER

¶24

Dated this the 15^th day of June, 2023

¶25

The petitioners are the accused in Crime No.708 of 2012 of Aryanad police station, now pending as C.C. No.1270 of 2013 on the files of the Judicial First Class Magistrate Court-I, Nedumangad.

¶26

The crime was registered on the basis of a complaint filed by the Manager of Syndicate Bank, Vellanadu Branch, alleging that the location sketch and location certificate produced by the petitioners along with their original title deed submitted for securing a loan from the bank was found to contain corrections and interpolations.

¶27

When the matter was taken up for consideration, learned counsel for the petitioners pointed out that two loans, totalling an amount of Rs.17 lakhs, availed by submitting the title deed as security were closed on the basis of a One Time Settlement arrived at between the petitioners and the bank. Accordingly, Rs.24 lakhs was remitted on 05.09.2013 towards full and final settlement of the loan accounts.

¶28

¶29

Crl.M.C No.1185 of 2014

¶30

Learned counsel for the Bank also submitted that the loans are settled and the Bank has no subsisting grievance against the petitioners.

¶31

The offences alleged being under Sections 406, 468, 471 and 420 and the person who had alleged forgery and cheating having admitted that the loans, taken on the strength of the documents alleged to have been forged, are settled, further prosecution of the petitioners will only result in valuable judicial time, being wasted. For arriving at such conclusion, I am guided by the decision of the Honourable Apex Court in Nikil Merchant

¶32

v. Central Bureau of Investigaton and another [2008 (3) KHC 955].

¶33

The Crl.M.C is hence allowed and further proceedings in C.C. No.1270 of 2013 of the Judicial First Class Magistrate-I, Nedumangad, arising from Crime No.708 of 2012 of Aryanad police station, quashed.

Sd/-

V.G.ARUN, JUDGE

smm

Crl.M.C No.1185 of 2014

¶38

¶39

APPENDIX OF CRL.MC 1185/2014

¶40

PETITIONER ANNEXURES

¶41

ANNEXURE 1 COPY OF FINAL REPORT DATED
8/9/20134 IN CRIME NO.708/2012 OF
ARYANADU POLICE STATION
ANNEXURE 11 COPY OF COMMUNICATION
DATED 5/9/2013

Sajikumar v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sajikumar v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

P. J Sunny Vs S. Venkatesapathy

P.C.Premachandran Vs the State of Kerala

T.a.Muhammed Vs State of Kerala

Bijimon Chackochan Vs State of Kerala

C. Murali Vs Anu

P.S.Anil Vs State of Kerala