Don Bosco vs State Of Kerala
2021 Latest Caselaw 7935 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE P.SOMARAJAN

     MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                    Crl.MC.No.4513 OF 2020(D)

AGAINST THE ORDER/JUDGMENT IN CC 77/2016 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS-I,MANJERI

     CRIME NO.229/2014 OF Manjeri Police Station , Malappuram


PETITIONER/2ND ACCUSED:

             DON BOSCO
             AGED 53 YEARS
             S/O.HILARIYOS, PONNAMATTAM HOUSE,
             ULLAS NAGAR HOUSING COLONY, KUTHIRAVATTAM.

             BY ADVS.
             SRI.NIRMAL. S
             SMT.VEENA HARI

RESPONDENTS/STATE & COMPLAINANT:

      1      STATE OF KERALA
             REP. BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM-682031.

      2      MUHAMMED RAMIZ,
             AGED 31 YEARS
             S/O.ALIKKOYA, MUNDOLI GARDENS,
             VATTAPPARA, MANJERI P.O., ERANAD TALUK.

             R1 BY ADV.SRI.E.C.BINEESH, PUBLIC PROSECUTOR
             R2 BY ADV. SHRI.P.VENUGOPAL

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD         ON
08.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.4513 OF 2020(D)

                                 2



                            ORDER

The criminal liability under Section

420 IPC sought to be extended against the

accused No.1 on the allegation that the

documents entrusted with him, such as

blank signed papers and signed blank

cheque, were misused for foisting a case

under Section 138 of Negotiable

Instruments Act, through accused No.2, for

which a final report was submitted after

investigation. Final report as against

accused No.2 was quashed by this Court in

Annexure A4, Order. This would take away

the very substratum of the allegation

against the accused No.1. Even going by

the allegation, it is clear that what

actually involved is only a civil dispute. Crl.MC.No.4513 OF 2020(D)

Hence, the final report and its further

proceedings as against accused No.1 are

quashed.

The Crl.M.C. is allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE SPV Crl.MC.No.4513 OF 2020(D)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE CMP.636/2014 DATED 30.01.2014 NOW NUMBERED AS C.C.77/2016.

ANNEXURE A2 CERTIFIED COPY OF THE FIR NO.229/2014 DATED 11.02.2014 OF THE MANJERI POLICE STATION.

ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT NO.145/2016 DATED 20.09.2015.

ANNEXURE A4 TRUE COPY OF THE ORDER DATED 10.07.2020 IN CRL.M.C.NO.8643/2017.

ANNEXURE A5 TRUE COPY OF THE C.C.NO.99/2014 ON THE FILE OF THE JFCM, THAMARASSERY.

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE