Tom Philip vs State Bank Of Travancore(Now ...
2021 Latest Caselaw 13783 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                  THE HONOURABLE MR. JUSTICE P.SOMARAJAN

           FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943

                              CRL.MC NO. 2914 OF 2021

 AGAINST THE ORDER/JUDGMENT IN LP 15/2000 OF JUDICIAL MAGISTRATE

                         OF FIRST CLASS -I, PALAKKAD

PETITIONER/ACCUSED:

               TOM PHILIP,
               AGED 60 YEARS,
               PUTHIYEDAM HOUSE, KARAYANKAD,
               VADAKKANCHERY, PALAKKAD - 678 683.
               BY ADVS.
               RAJESH VIJAYAN
               SIKHA S.NAIR


RESPONDENT/STATE & DE FACTO COMPLAINANT :
       1


               STATE BANK OF TRAVANCORE(NOW STATE BANK OF INDIA)
               VADAKKANCHERY BRANCH,
               REP. BY ITS MANAGER - 678 869
       2


               STATE OF KERALA,
               REPRESENTED BY THE PUBLIC PROSECUTIONS,
               HIGHCOURT OF KERALA, ERNAKULAM - 682 031.

THIS       CRIMINAL   MISC.    CASE   HAVING    COME   UP   FOR   ADMISSION   ON

02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 2914 OF 2021
                                         2



                                   ORDER

Heard both sides. Respondents

appeared through Adv.Gilbert George.

2. To quash Annexure A1 complaint,

the accused came up, against whom Long

Pending Case No.15/2000 was registered by

the Judicial First Class Magistrate,

Palakkad. It is submitted by the learned

counsel for the petitioner that the entire

amount covered by three cheques issued by

him in favour of the bank was paid and the

transaction was closed. But, in the

meanwhile, the bank has initiated criminal

proceedings under Section 138 of NI Act

against the petitioner. It was actually

not within the notice of the accused since

he was employed abroad. When he came to

his native place, he came to know about

the pendency of LP and issuance of non-

bailable warrant. In the said CRL.MC NO. 2914 OF 2021

circumstances, permission can be granted

to the petitioner to appear before the

Judicial First Class Magistrate,Palakkad

with due notice to the respondents so as

to enable him to appraise all these

matters before the court and the

Magistrate shall take a decision on the

bail application, if any filed on the very

same day taking into account all attending

circumstances.

With the above direction, the Crl.M.C.

is disposed of.

Sd/-

P.SOMARAJAN, JUDGE AMV/02/07/2021 CRL.MC NO. 2914 OF 2021

APPPENDIX

PETITIONERS ANNEXURES :

ANNEXURE-A1 COPY OF THE COMPLAINT DATED 30.12.1992 FILED BY THE 1ST RESPONDENT BANK.

ANNEXURE-A2 COPY OF THE ORDER DATED 30.03.2000 IN ST NO.4593/1998. ANNEXURE-A3 COPY OF THE COMMON JUDGMENT DATED 16.01.2013 IN CRL.M.C.NO.43/2013, 42/2013 AND 44/2013 ANNEXURE-A4 COPY OF THE COMPROMISE PETITION FILED BY THE DE FACTO COMPLAINANT AND THE BANK WHICH WAS PRODUCED IN CRL.MC NO.44/2013.

RESPONDENTS ANNEXURES : NIL

TRUE COPY P.A.TO JUDGE