Biji Sajeev vs State Of Kerala
2021 Latest Caselaw 10990 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

 WEDNESDAY, THE 07TH DAY OF APRIL 2021 17TH CHAITHRA, 1943

                 Crl.MC.No.1687 OF 2021(A)

        (AGAINST THE ORDER/JUDGMENT IN ST 125/2019
  OF JUDICIAL MAGISTRATE OF FIRST CLASS-III, ALAPPUZHA)


 PETITIONER/ACCUSED:

         BIJI SAJEEV, AGED 49 YEARS,
         W/O.SAJEEV, PROPRIETOR,
         M/S.ECO RUBBER, KONCHERY HOUSE,
         MAYITHARA MARKET P.O.,
         CHERTHALA, ALAPPUZHA DISTRICT,
         PIN-688 539.

         BY ADVS.
         SRI.V.MAHENDRANATH
         SRI.P.T.SHEEJISH

 RESPONDENTS/STATE & COMPLAINANT:

   1     STATE OF KERALA,
         REPRESENTED BY THE PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, KOCHI-682 031.

   2     THE FIELD OFFICER/JUNIOR EXECUTIVE,
         KERALA FINANCIAL CORPORATION,
         ALAPPUZHA BRANCH,
         KUMARANASAN SMARAKA MANDIRAM,
         COURT ROAD, ALAPPUZHA-688 001.

OTHER PRESENT:
          PUBLIC PROSECUTOR, SRI.E.C.BINEESH;
          STANDING COUNSEL FOR K.F.C., SRI.BASANT BALAJI

      THIS CRIMINAL MISC. CASE HAVING COME UP FOR
 ADMISSION ON 07.04.2021, ALONG WITH Crl.MC.1686/2021(A),
 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1687 OF 2021(A) & Crl.MC.No.1686 OF 2021(A)


                               2




         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

WEDNESDAY, THE 07TH DAY OF APRIL 2021/17TH CHAITHRA, 1943

                 Crl.MC.No.1686 OF 2021(A)

 (AGAINST THE ORDER/JUDGMENT IN ST 126/2019 OF JUDICIAL
       MAGISTRATE OF FIRST CLASS -III, ALAPPUZHA)


PETITIONER/ACCUSED:

          BIJI SAJEEV, AGED 49 YEARS,
          W/O.SAJEEV, PROPRIETOR,
          M/S.ECO RUBBER,
          KONCHERY HOUSE, MAYITHARA MARKET.P.O,
          CHERTHALA, ALAPPUZHA DISTRICT,
          PIN-688 539.

          BY ADVS.
          SRI.V.MAHENDRANATH
          SRI.P.T.SHEEJISH

RESPONDENTS/STATE & COMPLAINANT:

   1      STATE OF KRALA,
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA,
          KOCHI-682 031.

   2      THE FIELD OFFICER/JUNIOR EXECUTIVE,
          KERALA FINANCIAL CORPORATION,
          ALAPPUZHA BRANCH,
          KUMARANASAN SMARAKA MANDIRAM,
          COURT ROAD, ALAPPUZHA-688 001.

OTHER PRESENT:
         PUBLIC PROSECUTOR, SRI.M.R.DHANIL;
         STANDING COUNSEL FOR K.F.C., SRI.BASANT BALAJI

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 07.04.2021, ALONG WITH Crl.MC.1687/2021(A),
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1687 OF 2021(A) & Crl.MC.No.1686 OF 2021(A)


                                 3




                            JUDGMENT

Having heard the learned counsel for the

petitioner and learned Standing Counsel for the

Kerala Financial Corporation, I am of the opinion

that the contention of substantial payments having

been effected by the petitioner, is not sufficient

to grant relief in a proceeding under Section 482

of the Code of Criminal Procedure.

Hence the Criminal Miscellaneous cases are

dismissed, leaving it open for the petitioner to

raise all his contentions before the trial court.

Sd/-

V.G.ARUN, JUDGE

ss Crl.MC.No.1687 OF 2021(A) & Crl.MC.No.1686 OF 2021(A)

APPENDIX OF Crl.MC 1687/2021

PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF COMPLAINT IN ST 125/2019 OF THE COURT OF JFCM III, ALAPPUZHA.

ANNEXURE A2           THE TRUE COPY OF THE OFFER LETTER DATED
                      12.10.2020    ISSUED   BY    THE    2ND
                      RESPONDENT.

ANNEXURE A3           TRUE COPY OF THE REQUEST LETTER DATED

28.10.2020 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

ANNEXURE A4 THE TRUE COPY OF THE RECEIPT FOR HAVING REMITTED AN AMOUNT OF RS.5/- LAKHS BY THE PETITIONER.

ANNEXURE A5 THE TRUE COPY OF THE RECEIPT FOR HAVING REMITTED AN AMOUNT OF RS.25/- LAKHS BY THE PETITIONER.

ANNEXURE A6 THE TRUE COPY OF THE RECEIPT FOR HAVING REMITTED AN AMOUNT OF RS.5/- CRORES 70/- LAKHS BY THE PETITIONER.

ANNEXURE A7 REQUEST LETTER DATED 11.11.2020 BY THE PETITIONER SEEKING WITHDRAWAL OF CASES.

ANNEXURE A8 TRUE COPY OF THE ORDER SHEET AS REGARD POSTING OF ST.125/2019 OBTAINED FROM THE E-COURT SERVICES.

Crl.MC.No.1687 OF 2021(A) & Crl.MC.No.1686 OF 2021(A)

APPENDIX OF Crl.MC 1686/2021

PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF COMPLAINT IN ST.126/2019 OF THE COURT OF COURT OF J.F.C.M-III, ALAPPUZHA.

ANNEXURE A2 THE TRUE COPY OF THE OFFER LETTER DATED 12-

10-2020 ISSUED BY THE 2ND RESPONDENT

ANNEXURE A3 TRUE COPY OF THE REQUEST LETTER DATED 28.10.2020 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

ANNEXURE A4 THE TRUE COPY OF THE RECEIPT FOR HAVING REMITTED AN AMOUNT OF RS.5/-LAKHS BY THE PETITIONER.

ANNEXURE A5 THE TRUE COPY OF THE RECEIPT FOR HAVING REMITTED AN AMOUNT OF RS.25/-LAKHS BY THE PETITIONER.

ANNEXURE A6 THE TRUE COPY OF THE RECEIPT FOR HAVING REMITTED AN AMOUNT OF RS.5/- CRORES 70/- LAKHS BY THE PETITIONER.

ANNEXURE A7 REQUEST LETTER DATED 11-11-2020 BY THE PETITIONER SEEKING WITHDRAWAL OF CASES.

ANNEXURE A8 TRUE COPY OF THE ORDER SHEET AS REGARD POSTING OF ST.126/2019 OBTAINED FROM THE E- COURT SERVICES.